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2011 Supreme(Ker) 1050

P.S.GOPINATHAN
Parameswaran Pillai R. (Dr) – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant :Pirappancode V. Sreedharan Nair, S.P. Aravindakshan Pillay, Pirappancode V.S. Sudhir, Advocates.
For the Respondent: B. Vinod, Public Prosecutor.

JUDGMENT :

P.S. Gopinathan, J.

The accused in CC 4 of 2002 on the file of the Enquiry Commissioner & Special Judge, Thiruvananthapuram, is the appellant. He was working as a Civil Surgeon in the Primary Health Centre, Pulluvila, in January and February, 2001. PW 5 Suganthy, wife of PW4 was admitted in the Primary Health Centre on 27/01/2001 with viral fever. According to the prosecution, at the time of admission, the appellant asked whether they had brought the fees. Responding to the query Rs. 50/- was paid by PW 4. PW 5 was admitted in the Primary Health Centre; but there was no improvement. The other patients in the hospital stated that unless the doctor was paid well, they won't get proper treatment. On 30/01/2001, PW 4 met the appellant in his consulting room near the Primary Health Centre and paid Rs. 50/-. Thereafter, medicine was changed. Since the temperature remained steady PW 4 again met the appellant on 01/02/2001. According to the prosecution, the appellant demanded Rs. 2501/- as bribe. Being got aggrieved, PW 4 made a complaint to the Superintendent of Police, Vigilance &Anti Corruption Bureau, Thiruvananthapuram. On advice, PW 4 went to PW 6, the Deputy Superintendent


























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