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S.P.KURDUKAR, M.K.MUKHERJEE
C. K. Damodaran Nair – Appellant
Versus
Govt. of India – Respondent


Counsel for the Parties:
For the Appellants:A.S. Nambiar, Sr. Adv., and P.K. Manohar, Advocates.
For the Respondent:P.P. Malhotra. Sr. Adv., and Y.P. Mahajan, Advocates.

JUDGMENT

M.K. Mukherjee, J. - Four Provident Fund Inspectors of Calicut including the appellant before us were tried by the Special Judge, Ernakulam for offences punishable under Section 161 IPC and Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act 1947 ('Act' for short). The learned Judge acquitted all of them and aggrieved thereby the respondent preferred an appeal. The High Court disposed of the, appeal by setting aside the acquittal of the appellant and convicting him for the above offences while maintaining the acquittal of the other three. Hence this appeal at the instance of the appellant.

2. According to the prosecution case of March 24, 1984 the appellant and two of the other three accused persons (who were arrayed as A3, Al & A2 respectively at the trial, and will hereinafter be so referred to) visited the Relief Hospital at Kondotty, of which Dr. Moideenkutty (P.W. 1), KK Haneefa (P.W. 9) were the Managing partner, Office Manager and Assistant Manager respectively. There they first met P.W. 2 and then, along with him, went to meet P.W. 1. Before P.W. 1 they disclosed their identities and told that they had come to inspect the records of the Ho

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