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2023 Supreme(Ker) 563

KAUSER EDAPPAGATH
Yesudasan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sasthamangalam S. Ajithkumar
For the Respondent: A. Rajesh (Spl. Government Pleader)

JUDGMENT :

This appeal has been preferred by the accused in CC No.22/2014 on the file of the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram (for short, 'the court below') challenging the judgment dated 28th February, 2019 convicting and sentencing him under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, the PC Act).

2. The appellant/accused was working as Village Officer in Anavoor Village. The case of the prosecution in short is that on 7/12/2011, he obtained Rs.2,000/- as bribe from the defacto complainant/decoy at the Village Office, Anavoor towards consideration for mutation of pokkuvaravu.

3. After trial, the appellant was found guilty and he was convicted and sentenced to undergo simple imprisonment for three years, to pay a fine of Rs.25,000/- in default to undergo simple imprisonment for 90 days for the offence under Sections 7 and 13(1)(d) r/w 13(2) of the PC Act vide the impugned judgment. Challenging the said conviction and sentence, the appellant preferred this appeal.

4. I have heard Sri. Sasthamangalam S. Ajith Kumar, the learned counsel for the appellant and Sri. A. Rajesh, the learned Special Public Prose

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