MUHESHKUMAR K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in C.C.No.173/2016 (formerly C.C.No.1/2015 on the files of the Enquiry Commissioner and Special Judge, Kottayam) on the files of the Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha, has filed this appeal challenging the conviction and sentence imposed against him vide judgment dtd. 4/12/2020 in the above case. Respondent is the State of Kerala representing the VACB.

(2.) Heard the learned counsel for the appellant/accused and the learned Special Public Prosecutor. Gone through the verdict impugned and the evidence available.

(3.) In this case, the prosecution alleges commission of offences punishable under Ss. 7 and 13(1) (d) r/w 13(2) of the Prevention of Corruption Act, 1988 ('PC Act, 1988' for short), by the appellant/accused. The specific case of the prosecution is that on 11/12/2012 the accused, while working as Forest Officer, Mukkudam Sec. as a public servant demanded an amount of Rs.20,000.00 as illegal gratification from the defacto complainant as a motive or reward for allowing him to transport pieces of woods of Mango trees, jackfruits, etc. The further case of the prosecution is that pursuant to the said demand, on 11/12/2012, the accused accepted Rs.10,000.00 from the defacto complainant. Thereafter on 14/12/2012, the accused again demanded Rs.5,000.00 from the defacto complainant for the said purpose as illegal gratification and he obtained the same at 3.50 p.m on 15/12/2012. Further, 1 1/2 months prior to 15.12012, the accused demanded and accepted Rs.2,000.00 as illegal gratification. On this premise, the prosecution alleges commission of the said offences by the appellant/accused.