T.R.CHANDRA BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the first accused in C.C.No.28 of 2007 of the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, who faced trial in the case along with A2 for the offences under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 120B IPC. A2 was not found guilty of the offences and he was acquitted. The court below found the appellant guilty of the offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, convicted him thereunder and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/ -, in default to undergo rigorous imprisonment for one more month for each of the offences.

(2.) The prosecution case can be summarised as follows:

(3.) The prosecution case is that A1 and A2 demanded Rs.750/ - on 20.06.2002 from PW -5 at the Kottarakkara Police Station for handing over the same to PW -2 as compensation for the injured, and along with that they demanded Rs.500/ - more as illegal gratification other than legal remuneration for them, thereby making a demand for a total amount of Rs.1,250/ -. It is further alleged that on 25.06.2002 at 2.10 p.m., the accused repeated the demand and in pursuance of the demand, the appellant accepted the amount of Rs.1,250/ -, in the presence of A2, from PW -5.