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2016 Supreme(Ker) 312

B.KEMAL PASHA
Parappurath Damodaran – Appellant
Versus
State of Kerala, Rep, by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kaleeswaram Raj
For the Respondent: R. Jithesh

JUDGMENT :

1. The appellant is the accused in C.C. No. 30 of 2004 of the Enquiry Commissioner and Special Judge, Kozhikode, which has arisen from VC-7/2003 of VACB, Kannur, who stands convicted for the offences under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short ‘the PC Act’) and sentenced to undergo rigorous imprisonment for two years each and to pay a fine of Rs.3,000/- each, in default, to undergo rigorous imprisonment for six months each.

2. The appellant was working as a Lineman on contract basis in the Kerala State Electricity Board, Electrical Section, Vellur, during 2002-03 and thereby, he was a public servant. According to the prosecution, he abused his official position, committed criminal misconduct and by adopting corrupt and illegal means, demanded an illegal gratification of Rs.750/- for himself from PW1 at about 6 p.m. on 19.05.2003, at the residence of PW9, who is the grandmother of PW1, for providing a domestic electrical connection to the house of PW9. Further, according to the prosecution, the appellant directed PW1 to meet him with the bribe amount on 20.05.2003 at Karthika Medicals, Mathil.

3. After the allege





















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