PARAPPURATH DAMODARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in C.C.No.30 of 2004 of the Enquiry Commissioner and Special Judge, Kozhikode, which has arisen from VC -7/2003 of VACB, Kannur, who stands convicted for the offences under Sections 7 and 13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short 'the PC Act') and sentenced to undergo rigorous imprisonment for two years each and to pay a fine of 3,000/ - each, in default, to undergo rigorous imprisonment for six months each.

(2.) The appellant was working as a Lineman on contract basis in the Kerala State Electricity Board, Electrical Section, Vellur, during 2002 -03 and thereby, he was a public servant. According to the prosecution, he abused his official position, committed criminal misconduct and by adopting corrupt and illegal means, demanded an illegal gratification of 750/ - for himself from PW1 at about 6 p.m. on 19.05.2003, at the residence of PW9, who is the grandmother of PW1, for providing a domestic electrical connection to the house of PW9. Further, according to the prosecution, the appellant directed PW1 to meet him with the bribe amount on 20.05.2003 at Karthika Medicals, Mathil.

(3.) After the alleged demand, PW1 had reported the matter to the VACB. Consequently, a trap was arranged. Phenolphthalein powder was applied on the marked currency notes of one number of 500/ -, two numbers of 100/ - and one number of 50/ -. In pursuance of the demand, PW1 went over there, met the appellant and paid the said amount. When the appellant accepted the amount paid by PW1, he was caught red handed by the VACB and consequently, the investigation, prosecution and conviction.