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2025 Supreme(Ker) 2634

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
S.Navas, S/o.M.Shamsudeen – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Appellant : SRI.SHAIJAN C.GEORGE, SRI.AJI GOPINATH, SMT.SAJITHA GEORGE
For the Respondent: SRI.A.RAJESH, SPECIAL PUBLIC PROSECUTOR, VACB, SMT.S.REKHA, SENIOR PUBLIC PROSECUTOR, VACB

JUDGMENT :

A. BADHARUDEEN, J.

This criminal appeal is at the instance of the sole accused in C.C.No.12/2014 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram. The respondents herein are the State of Kerala and the Vigilance and Anti-Corruption Bureau, represented by the learned Special Public Prosecutor.

2. Heard the learned counsel for the appellant as well as the learned Special Public Prosecutor in detail. Perused the relevant documents.

3. Here, the prosecution alleges commission of offences punishable under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘PC Act, 1988’ for short) by the accused. The precise allegation is that the accused, while working as Senior Civil Police Officer (Gr) T 9170 at Thumba Police Station, Thiruvananthapuram, being a public servant, demanded and accepted ₹1,000/- as illegal gratification from PW1 on 23.11.2012, after making prior demand on 15.11.2012, as a motive for the verification of the passport application of PW1.

4. On filing the final report at the instance of the investigating officer, the Special Judge (Vigilance) took cognizance of the matter and proceeded w

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