IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G. AJITHKUMAR, J
V. Jayanandakumar S/o. P.K. Velupillai – Appellant
Versus
State of Kerala, Represented by The Public Prosecutor – Respondent
ORDER :
P.G. AJITHKUMAR, J.
Accused Nos.1 and 8 in C.C.No.7 of 2022 pending before the Court of Enquiry Commissioner and Special Judge, Thrissur filed, respectively, Crl.M.C.No.8095 of 2022 and 2621 of 2023. They seek to quash the charge sheet and further proceeding in C.C.No.7 of 2022.
2. The case of the prosecution as borne out from the final report is as follows:
Accused No.1 was the Inspecting Assistant Commissioner (Intelligence), accused No.2 was the Intelligence Officer and accused Nos.3 as well as 4 were the Intelligence Inspectors, Commercial Taxes, Thrissur. They entered into a conspiracy with other accused for reducing tax rate from 12.5% to 4% of the tax due from M/s.Nano Excel Enterprises Pvt. Ltd to which accused No.5 was the Managing Director and accused No.7, the Director. In furtherance of the said conspiracy, the compounding tax liable to be paid by the said company of Rs.13,06,29,613/- was reduced to Rs.7,00,68,469/-. Thereby the company had a pecuniary advantage of Rs.6,05,61,144/- during the year 2009-2010. In consideration of the same an illegal gratification of Rs.1.5 crores was paid to accused Nos.1 to 4 Which they had shared. Accused Nos.6 and 8 facilitated the
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Mere documentation errors do not amount to criminal culpability under corruption laws; intent and conspiracy must be proven for prosecution.
Evidence must substantiate illegal gratification claims for prosecution under the Prevention of Corruption Act.
Point of law: when the materials relied upon by a party are required to be proved., no infererwe can be drawn on the basis of those materials to conclude the complaint to be unacceptable. The Court s....
Demand and acceptance of illegal gratification are essential for establishing guilt under the Prevention of Corruption Act, 1988, and can be proven by direct or circumstantial evidence.
Insufficient evidence to establish involvement in conspiracy leads to quashing of proceedings under Section 482 of the Code of Criminal Procedure.
The legal framework for establishing a prima facie case and the interpretation of Section 7 PC Act prior to its amendment by Act No. 16/2018.
The standard of proof for demand and acceptance of bribes under the Prevention of Corruption Act is met when evidence establishes exigent demands backed by corroborative testimony, with appropriate p....
The necessity of proving both demand and acceptance of bribe to establish charges under the Prevention of Corruption Act was emphasized.
Proof of demand and acceptance is essential for conviction under the Prevention of Corruption Act; mere recovery without evidence of bribe demand is insufficient.
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