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2011 Supreme(Ker) 441

P.S.GOPINATHAN
U. Narayanankutty – Appellant
Versus
State Of Kerala, Rep. By Deputy Suprendent of Ploce, Ernakulam – Respondent


Advocates Appeared:
For the Petitioner:K.N. Padmakumar, Advocate.
For the Respondent: B. Vinod, Public Prosecutor.

JUDGMENT

1. The appellant was found guilty by the Enquiry Commissioner and Special Judge, Thrissur, in C.C.No.22/01 on his file for offence under Section 7 of the Prevention of Corruption Act (for short, hereinafter referred to as `PC' Act), and sentenced to rigorous imprisonment for six months. Assailing the above conviction and sentence this appeal was preferred.

2. PW10, the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Thrissur prosecuted the appellant alleging offences under Sections 7, 13(2) r/w 13(1) (d) and Section 15 r/w 13(1)(d) of the PC Act and also for offences under Sections 409, 419, 468, 471 and 109 IPC. It was alleged that the appellant was working as a Higher Grade Peon in Mullassery Block Panchayath Office during the period from 22.5.97 to 2.1.98 and in that capacity, he is a public servant coming under Section 2(c) of the PC Act. PW3 was a film operator in a Cinema Theater at Thrissur. In 1994, he subscribed a kuri run by Popular Kuries Limited of which PW2 was the Manager. The Kuri was prized in favour of PW3. Rs.20,000/- was the kuri amount. Rs.5,000/- was handed over to PW3 in cash and the balance Rs.15,000/- was invested in fixed dep






















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