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2024 Supreme(Ker) 484

KAUSER EDAPPAGATH
Bharat Raj Meena, S/o. Sri. Ramdev Meena – Appellant
Versus
Central Bureau Of Investigation ACB, Kochi, Ernakulam, By Standing Counsel, High Court Of Kerala – Respondent


Advocates Appeared:
For the Applicant : Abraham P. Meachinkara, P. Muraleedharan, Alexander K.C., Margaret Maureen Drose, Jayakrishnan P.R., Thomas George.
For the Respondent: Sri. Sreelal Warriar, SC, CBI.

JUDGMENT :

This appeal has been preferred by the accused in CC No.2/2014 on the file of Special Judge, (SPE/CBI) III Ernakulam (for short, 'the trial court') challenging the judgment dated 31/5/2016 convicting and sentencing him under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act').

2. The appellant Bharat Raj Meena was working as Divisional Security Commissioner, Railway Protection Force, Palakkad in 2005. One Sri.P.P.Nandakumar (PW6), Clerk in DSC Office, Palakkad preferred a complaint alleging demand of bribe of Rs.10,000/-by the appellant through PW2 Anantha Narayanan, Constable/RPF Coimbatore, for getting complainant's posting in Palakkad area following his medical decategorization from RPF and subsequent absorption in alternative post as clerk in Personnel Branch under DRM Office, Palakkad. Based on the said complaint, the Superintendent of Police, CBI/ACB, Kochi registered FIR vide No.RC19(A)/2005/KER/CBI under Sections 7 and 12 of the PC Act against the appellant and PW2 on 4/8/2005 and entrusted the investigation of the case to PW8. PW7 Nandakumaran Nair, Dy.S.P., CBI/ACB, Kochi, and his team laid a trap on the same day

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