N.K. SREEKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is at the instance of the sole accused in C.C.No.05/2010 on the files of the Enquiry Commissioner and the Special Judge, Kottayam. The appellant herein is the accused in the said case. The State of Kerala, represented by the learned Public Prosecutor, for the Vigilance and Anti-Corruption Bureau, is the respondent herein.

(2.) Heard the learned counsel for the appellant/accused and the learned Public Prosecutor. Perused the records of the Special Court.

(3.) The prosecution allegation is that, the accused committed 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). The prosecution case is that one Smt.Geetha Santhoshkumar, the sister of PW3, purchased property within the limits of Alappuzha Municipality and she had filed Ext.P6 application before the Municipal Office along with the relevant documents on 18/1/2008, seeking change of ownership and issuance of a Jama Certificate/Ownership Certificate in respect of the building situated in the said property. Thereafter, she left abroad and PW1 was instructed to enquire about the same. The prosecution case is that, when PW1 contacted the accused for obtaining the ownership certificate in terms of Ext.P6 application, the accused, on 4/4/2008, demanded Rs.2,000.00 as bribe for discharging his official duty to issue the certificate. Thereafter, PW1 lodged Ext.P1 complaint before the Deputy Superintendent of Police, on the basis of which, FIR was registered and a trap was arranged. On the date of the trap, i.e., on 5/4/2008, the accused again demanded Rs.2,000.00, and accepted the same, soon he was caught red-handed along with the bribe money. On this premise, the prosecution alleges commission of the above offences by the accused.