VISWESWARA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) These are appeals filed by accused Nos.1 and 2, respectively, in C.C.No.31/2007 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, challenging conviction and sentence imposed against them as on 15/10/2010. The respondent herein is the State of Kerala, represented by the Vigilance and Anti-Corruption Bureau, through the Special Public Prosecutor.

(2.) Heard the learned counsel for the appellants and the learned Special Public Prosecutor, in detail. Perused the verdict under challenge and the decisions placed by both sides.

(3.) The prosecution allegation is that the 1st accused, while working as Special Village Officer and the 2nd accused, while working as Village Officer, respectively, in Mundakkal Village, being public servants, demanded Rs.100.00 each from PW1 for issuing possession certificate, sketch and plan of the landed property belonged to PW3, initially on 29/10/2004 and thereafter, on 1/11/2004 at about 10.05 a.m. Thereafter, both the accused accepted the same as illegal gratification. In this backdrop, the prosecution alleges commission of offences punishable under Ss. 7 and 13(1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988' hereinafter) and under Sec. 120B of the Indian Penal Code (for short, 'the IPC' hereinafter), by the accused.