T.K.THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The 1st accused in C.C.No.23 of 2002 on the files of the Enquiry Commissioner and Special Judge, Kozhikode, has preferred this Criminal Appeal under Sec. 374 of the Code of Criminal Procedure (for short, 'CrPC.'), challenging conviction and sentence imposed against him in the said case dtd. 30/12/2008. The respondent is the Vigilance and Anti-Corruption Bureau (VACB), represented by the learned Special Public Prosecutor.

(2.) Heard the learned counsel for the 1st accused/appellant and the learned Special Public Prosecutor. Perused the records of the special court as well as the decisions placed by the learned Special Public Prosecutor in detail.

(3.) The prosecution case is that the 1st and 2nd accused while working as Secretary and Head Clerk respectively of Alanellur Grama Panchayat and as such being public servants abused their official position and as a sequel thereof and at 11 a.m on 12/12/2000, at the office of the Alanellur Grama Panchayat, demanded illegal gratification of Rs.1,000.00 and Rs.250.00 respectively, for themselves, to give advance payment of Rs.25,000.00 from the whole estimate amount of Rs.1,00,000.00 from the complainant, the Convener, who was elected as per Peoples' Planning Programme for the improvement of Alungal - Kombamkallu road work, using funds from the Government's Peoples' Planning Programme. Then they reiterated the same demand on 15/12/2000 at the time of issuing the cheque for Rs.25,000.00 and in pursuance of the said demand they received an amount of Rs.1,000.00 and Rs.250.00 respectively at 12.15 P.M on 22/12/2000 from the Complainant at the Alanellur Grama Panchayat Office as a reward and illegal gratification for doing the official act mentioned above and thereby, both of them have committed the offences punishable under Ss. 7 and 13(2) r/w Sec. 13(1)(d) of the the Prevention of Corruption Act, 1988 ( 'PC Act' for short hereafter).