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2025 Supreme(Ker) 2632

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
K.A.Abdul Rasheed, S/o. Ali – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Appellant : SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN, SRI.D.FEROZE, SRI.V.VINAY
For the Respondent: SENIOR PUBLIC PROSECUTOR SMT.REKHA.S FOR VACB, SPECIAL PUBLIC PROSECUTOR SRI A.RAJESH FOR VACB

JUDGMENT :

A. BADHARUDEEN, J.

The sole accused in C.C.No.40/2010 on the files of the Enquiry Commissioner and Special Judge, Kottayam, has filed this appeal challenging conviction and sentence imposed against him in the above case dated 28.02.2018. The Vigilance and Anti-Corruption Bureau, represented by the Special Public Prosecutor is the respondent.

2. Heard the learned counsel appearing for the appellant/accused as well as the learned Special Public Prosecutor in detail. Perused the records of the Special Court and the decisions placed by the learned counsel for the appellant.

3. The prosecution case is that the accused, while working as Taluk Supply Officer, Kottayam, during the period from 25.06.2008 to 20.07.2009, demanded Rs.500/- as illegal gratification from the complainant Sri Shynavas on 13.07.2009 and thereafter he demanded and accepted the same at 1.45 p.m on 20.07.2009. On this premise, the prosecution alleges commission of offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988' hereinafter), by the accused.

4. The Special Court took cognizance of the matter on getting final report filed, a

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