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2025 Supreme(Ker) 2686

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
S. Sreekumar S/o Sankarankutty Nair – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellants : B. Raman Pillai, Anil K. Muhamed, R. Anil, Joseph P. Alex, Shyam Aravind, Sujesh Menon V.B.
For the Respondents: A. Rajesh, Rekha S.

JUDGMENT :

A. BADHARUDEEN, J.

1. This appeal is at the instance of the sole accused in C.C.No.05/2008 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Kottayam. Respondent is the State of Kerala represented by the learned Public Prosecutor.

2. Heard the learned senior counsel for the appellant/accused and the learned Public Prosecutor for the State of Kerala representing the Vigilance and Anti-Corruption Bureau, Kottayam.

3. In a nutshell, the prosecution case is that the accused demanded Rs.500/- from PW2 for the issuance of Nijasthithi Certificate in respect of the property owned by his father on 15.02.2003 and there is further allegation that for issuance of patta in respect of the same property, a sum of Rs.2,000/- was also given by the father of PW2. On this premise, the prosecution alleges commission of offences punishable under Section s 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988 (for short ‘the PC Act, 1988’ hereinafter), by the accused.

4. Reckoning the final report filed by the Investigating Officer, the learned Special Judge took cognizance for the said offences and proceeded with trial. During trial, PW1 to PW5 were exam

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