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2025 Supreme(Ker) 2124

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
P.Prabhakaran – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.PIRAPPANCODE V.S.SUDHIR, SRI.JELSON, J.EDAMPADAM
For the Respondent: ADV.RAJESH A SPL PP VACB,ADV.REKHA.S SRPP VACB

JUDGMENT :

A. BADHARUDEEN, J.

Accused Nos.1 to 3 in C.C No. 2 of 2005 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, have preferred this appeal challenging the verdict in the said case dated 25th November 2010.

2. Heard the learned counsel for the appellants/accused Nos. 1 to 3 as well as the learned Special Public Prosecutor representing the Vigilance and Anti-Corruption Bureau (VACB) in detail. Perused the records of the special court and the decisions placed by the learned counsel for the appellants/accused Nos. 1 to 3.

3. The crux of the prosecution allegation is that the 1st accused who held the post of Manager, Chalai Branch of Kerala State Financial Enterprises (for short, ‘KSFE’ hereafter) abused his official position in association with the 2nd accused, his wife and the 3rd accused, his sister after sharing common intention to cheat KSFE and to obtain undue pecuniary advantage for them created forged employment certificates in the name of fictitious persons and used those forged employment certificates as genuine in two chitti loans and accordingly the 2nd accused obtained loan of Rs.44,000/- on 20.10.1993 and the 3rd accused obtained loan of R

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