V A ABRAHAM Vs. SUPDT OF POLICE COCHIN

JUDGEMENT

(1.) The Special Judge (SPE/CBI)-I, Ernakulam, convicted and sentenced the appellant under S.161 IPC. and under S.5(2) read with S.5(1)(b) of the Prevention of Corruption Act to rigorous imprisonment for two years each with an additional sentence of Rs. 5,000/- fine for the latter with a default sentence of simple imprisonment for 3 months, with permission to suffer the substantive terms concurrently

(2.) Appellant was the Administrative Officer in the Head Office of F. A C. T. in charge of purchase pw. 1 was the Divisional Manager of a Company by name "Logic Systems Pvt. Limited" with which the F. A. C. T. placed orders for purchase of electric typewriters. The charge is that misusing bis official position the appellant demanded and received Rs. 2,000/- as illicit gratification front pw. 1.

(3.) Defence is that there was no demand or receipt and pw. 1 was only arranging an illegitimate trap to save his employment from which he was facing dismissal and the money was actually thrust into the pant pocket of the appellant without his knowledge or consent.