P.UBAID
H. PRAKASH PAI – Appellant
Versus
STATE OF KERALA – Respondent
The appellant herein was General Surgeon in the District Hospital, Kanhangad in July-August, 1998. One Lakshmi was under his treatment in July 1998 for some gynecological problems. Lakshmi was admitted in the hospital on 26.7.1998 as advised by the appellant herein. She was also advised to undergo an operation. The prosecution case is that for conducting the said operation, the appellant demanded an amount of Rs.2000/- from Lakshmi and her relatives including her husband, and accordingly at about 3.25 p.m. on 3.8.1998 at his house, the appellant received Rs.1000/- as illegal gratification from Madhavan, the brother of Lakshmi. A trap was arranged by the Deputy Superintendent of Police, VACB, Kasaragod on the complaint of Madhavan. After investigation, the VACB submitted final report before the Enquiry Commissioner and Special Judge (Vigilance), Kozhikode. After complying with the procedural formalities under the law, the learned trial Judge framed a charge against the accused under Sections 7 and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act ('P.C Act' for short) to which the accused pleaded not guilty. The prosecution accordingly examined 8 witn
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