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2025 Supreme(Ker) 2152

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Sabu G. S/o George – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Salish Aravindakshan, K.S. Sumesh
For the Respondents: Rajesh A., Rekha S.

JUDGMENT :

A. BADHARUDEEN, J.

1. Second (2nd) accused in C.C.No.1/2009 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram has filed this Criminal Appeal under Section 27 of the Prevention of Corruption Act, 1988 (for short ‘the PC Act, 1988’ hereinafter) r/w Section 374 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.’ hereinafter), challenging conviction and sentence imposed against him in the said case dated 04.07.2013.

2. Heard the learned counsel for the appellant/2nd accused as well as the learned Public Prosecutor, in detail. Perused the records.

3. The prosecution case is that the 1st accused, being a public servant, employed as Lower Division Clerk and later Upper Division Clerk in the Agricultural Income Tax and Sales Tax Office, Thiruvananthapuram during the period from 4.1.1997 to 12.4.1999, held additional charge of tapal distribution works and being the custodian of all office seals since 4.1.1997, by corrupt or illegal means or otherwise, abused his official position as such a public servant, he entered into conspiracy with 2nd and 3rd accused and in furtherance of the said conspiracy, the 1st accused forged two Non- Liability

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