B.J.SREEDHAR Vs. CBI/SPE, KERALA

JUDGEMENT

(1.) In this appeal, the sole accused in C.C.No.5/2005 on the files of the Special Judge (SPE/CBI)-I, Ernakulam challenges the conviction and sentence imposed against him as per judgment dtd. 13/5/2011 in the above case. CBI is the 1st respondent and the State of Kerala represented by the Public Prosecutor is the 2nd respondent.

(2.) Heard the learned counsel for the appellant/accused and the learned Special Public Prosecutor appearing for the CBI. Also heard the learned Public Prosecutor for State of Kerala. Perused the verdict impugned and the evidence available.

(3.) This case, emanated from the FIR registered as R.C.No.17(4)/2004/CBI/KER dtd. 16/7/2004, by the CBI alleging commission of offence punishable under Sec. 7 of the Prevention of Corruption Act, 1988 ('P.C Act, 1988' for short), by the accused. Thereafter final report was filed and based on the final report, C.C.No.5/2005 was registered against the accused alleging commission of offences punishable under Ss. 7, 13(1)(a) and 13(1)(d) r/w 13(2) of the P.C Act, 1988 by him. Precisely the prosecution case is that the accused, while functioning in the capacity of Deputy Director, Mine Safety Department, Regional Office in Chennai, functioning as a public servant, habitually demanded and accepted gratification in the form of cash and other forms of gratification other than legal remuneration for himself as a motive or reward for not invoking provisions of the Mines Act and thereby committed the above offences.