SEKHARAN K Vs. STATE OF KERALA AND ANOTHER

JUDGEMENT

(1.) The appellant is the accused in C.C.No.64 of 2004 of the Court of Enquiry Commissioner and Special Judge (Vigilance), Thiruvananthapuram, who stands convicted under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "P.C.Act") and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for six more months under Section 7 of the P.C. Act and further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/- in default, to undergo rigorous imprisonment for six more months under Section 13(2) read with Section 13(1)(d) of the P.C. Act.

(2.) The accused was a public servant employed as Food Inspector of Kilimanoor Circle during 2002. The prosecution case is that he abused his official position and demanded an amount of Rs.2,500/- on 21.10.2002 from PW1 as gratification other than legal remuneration as a motive for not initiating legal action under the provisions of the Prevention of Food Adulteration Act against PW1. According to the prosecution, the accused reduced the amount of illegal gratification from Rs.2,500/- to Rs.2,000/- and accepted an amount of Rs.1,000/- on 24.10.2002 as part of the gratification amount. It is further alleged that the accused on 31.10.2002 at 2.05 p.m. demanded and accepted the balance amount of Rs.1,000/- at Cochin Bakery at Kilimanoor from PW1 and thereby committed the offences punishable under Sections 7 and 13(2) read with Section 13(1)(d) of the P.C. Act.

(3.) Initially, PW1 had preferred Ext.P4 complaint before PW7 on 29.10.2002 by complaining that the accused had demanded an amount of Rs.2,500/- as illegal gratification from him for dropping the proceedings which the accused wanted to initiate under the Prevention of Food Adulteration Act against PW1. On 24.10.2002, the accused had accepted an amount of Rs.1,000/- as part of the said illegal gratification at the shop of PW1. It was further complained of in Ext.P4 that PW1 had sought for a week's time for the payment of the balance amount of Rs.1,000/- and then the accused had agreed to appear at the Bakery of PW1 on Wednesday or Thursday. On 29.10.2002 at 4 p.m., PW7 recorded Ext.P3 First Information Statement furnished by PW1, on the basis of which, PW7 registered the crime. It seems that PW1 has narrated the entire events in detail in Ext.P3.