Point of Law: Mere violation of Rules in Vigilance Manual, as mentioned earlier, would not vitiate trap proceedings or form ground for acquittal of an accused.

JUDGMENT :

K.BABU, J.

This appeal is directed against the judgment dated 30.03.2012 passed by the Enquiry Commissioner and Special Judge, Kozhikode in C.C.No.32 of 2004. The appellant/accused, the then Inspector of Police, Sreekandapuram Police Station, was convicted for the offences punishable under Sections 7 and 13(1) (d) r/w Section 13(2) of the Prevention of Corruption Act, 1988, and sentenced to undergo rigorous imprisonment for a term of two years each and pay a fine of Rs.10,000/-each.

CASE OF THE PROSECUTION

2. The accused was working as Inspector of Police, Sreekandapuram Police Station during 2003. The defacto complainant (PW1) was running a shop by name 'V.C. Traders' at Chempanthotty, Taliparamba. The accused demanded illegal gratification to the tune of Rs.5,000/-per month in the form of ‘masapady‘ over phone to PW1. The accused accepted a sum of Rs.7,000/-in two instalments and demanded the balance sum being Rs.3,000/-from the complainant on 11.01.2003 and 16.01.2003. The accused threatened PW1 that he would face problems if the money he demanded was not paid and directed him to pay the amount of Rs.3,000/-on 17.01.2003 at his residence. PW1 filed a complaint before PW7, the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Kannur on 17.01.2003. After verifying the genuineness of the complaint, FIR No.VC 2/2003 KNR was registered against the accused and PW1 was directed to proceed to the residence of the accused and pay the sum of Rs.3,000/-as demanded by the accused. PW1 reached the residence of the accused on 17.01.2003 at 9.25 p.m., and paid the amount. The accused accepted the same. The Vigilance officials led by PW7 arrested the accused and recovered MO1 series currency notes placed on the table found in the bedroom of the accused.

3. The accused is therefore alleged to have committed the offences punishable under Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988. PROSECUTION EVIDENCE

4. The prosecution examined PWs 1 to 8 and proved Exts.P1 to P16 and MOs 1 to 3.

5. Sri.V.C.Sajeev (PW1) is the defacto complainant. PW1 was examined by the prosecution to prove the demand and acceptance of bribe. PW2, Sri.Sojan Jacob, the brother of PW1, was examined to support the case of PW1.

6. Sri.K.Narayanan (PW3) was a Special Tahasildar (ASL), Collectorate, Kannur, who had accompanied the trap team as an independent witness. PW3 was examined to establish the trap proceedings.

7. Sri.Hormis Tharakan (PW4), the then Director General of Police, granted sanction as provided under Section 19 of the Prevention of Corruption Act to prosecute the accused.

8. Sri.K.P.Rajendran (PW5), a neighbour of the accused, was examined to prove the presence of the trap team at the place of occurrence.

9. Sri.C.Balan, the Head Constable who had accompanied PW7, the officer who laid the trap, was examined as PW6.

10. Sri. T.Ramaraj (PW7), Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Kannur, the Trap Laying Officer, seized MO1 series currency notes and arrested the accused. PW7 also conducted a part of the investigation.

11. Sri.M.Kamalakshan (PW8), Inspector of Vigilance and Anti-Corruption Bureau, Kasaragod, completed the investigation and submitted final report.

DEFENCE CASE

12. The accused took charge as the Inspector of Police, Sreekandapuram Police Station, on 22.10.2002. PW1 had called him over phone on so many occasions for granting permission to meet him. Initially, he responded that there was no necessity to meet him. When PW1 repeatedly requested to meet him, he granted permission. On 17.01.2003, the accused reached his residence at 8.30 p.m. After some time, Appukuttan (DW10), a nearby shop owner, who used to bring food to him, came there. Thereafter, the accused went to the bathroom. After some time the calling bell rang. He asked DW10 to ascertain who rang the bell. The accused also came to the hall. It was Sri.V.C.Sajeev (PW1) who rang the bell. The accused asked