T.HAMZA Vs. STATE

JUDGEMENT

(1.) Appellant is the accused in CC No.46/2002 of the Court of the Enquiry Commissioner and Special Judge, Kozhikode, who stands convicted under Sections 7 and 13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and stands sentenced for each of the offences to undergo rigorous imprisonment for two years and to pay a fine of 5,000/ -, in default to undergo rigorous imprisonment for six more months.

(2.) The prosecution case is that the appellant while working as Sub Engineer at the office of the Kerala State Electricity Board, Electrical Major Section, Kakkodi, Kozhikode district, he being a public servant, abused his official position, committed criminal misconduct by adopting corrupt and illegal means, and demanded an illegal gratification of 500/ - at 10 a.m. on 05.09.2001 from PW1, who was the convenor of the Committee formed for the implementation of Thamarathmeethal Drinking Water Scheme of Kuruvattoor Grama Panchayat for preparing the estimate, sketch and for submitting the feasibility report etc. for providing electric connection to the said Drinking Water Scheme. It is alleged that PW1 duly reported the matter before the Vigilance and Anti -Corruption Bureau and consequently, they laid a trap. It is alleged that in the said trap, the appellant was caught red handed, just after his accepting the amount of 500/ - as illegal gratification from PW1 at 9.55 a.m. on 12.09.2001, as a motive as well as reward for doing the official acts stated above.

(3.) Ext.P1 information allegedly furnished by PW1 was recorded by PW14, Dy.S.P., VACB, Kozhikode, at 4 p.m. on 11.09.2001. On the basis of Ext.P1, PW14 registered Ext.P1(a) FIR. The trap was laid on 12.09.2001. When the appellant fell in the trap, he was placed under arrest. The amount of 500/ - allegedly obtained as illegal gratification was seized from the back pocket of MO8 pants worn by the appellant. PW14 continued the investigation. PW16 completed the investigation and filed the final report.