IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
C.A.Gopikrishnan, S/o.Ayyppan – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
A. BADHARUDEEN, J.
The sole accused in C.C.No.8/2006 on the files of the Enquiry Commissioner and Special Judge, Thrissur, has filed this appeal challenging conviction and sentence imposed against him in the above case dated 30.09.2009. The State of Kerala representing the Vigilance and Anti-Corruption Bureau, is the respondent.
2. In this matter, the learned counsel who filed this appeal submitted on 30.6.2025 that despite having repeated correspondence, no response was received from the appellant, and accordingly, the vakalath of the appellant was relinquished. In view of the above, Adv.Sri.Adithya Narayanan K.G. is appointed as State Brief to argue the matter on merits.
3. Heard Adv.Sri.Adithya Narayanan K.G., the learned State Brief appearing for the appellant and the learned Public Prosecutor. Perused the judgment impugned and the relevant documents.
4. I shall refer the parties in this appeal as 'prosecution' and 'accused' for easy reference hereinafter.
5. The prosecution case herein is that, the accused, while working as Secretary of Alagappanagar Grama Panchayath, being a public servant, while on duty, demanded and accepted Rs.250/- from the complainant, who was exami
The absence of direct evidence due to the complainant's hostility fails to meet the burden of proof required to establish demand and acceptance of bribe under the Prevention of Corruption Act.
Proof of demand for illegal gratification is essential for conviction under the Prevention of Corruption Act; mere acceptance of bribe without establishing demand cannot sustain a conviction.
Insufficient proof of demand and acceptance of bribe precludes conviction under the Prevention of Corruption Act.
Proof of demand and acceptance of illegal gratification can be established through circumstantial evidence and testimony from witnesses, despite hostility.
There must be credible evidence of demand and acceptance of illegal gratification to establish offences under the Prevention of Corruption Act, irrespective of the witness's credibility.
Proof of demand and acceptance of bribe is essential for conviction under the P.C. Act; absence of direct evidence necessitates acquittal.
The requirement for proof of demand and acceptance of bribes under the Prevention of Corruption Act was satisfied, confirming the conviction of the public servant involved.
Demand and acceptance of illegal gratification are essential to establish offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act; mere recovery of tainted money is insufficient fo....
Demand and acceptance of illegal gratification by a public servant must be proved beyond reasonable doubt under the Prevention of Corruption Act for conviction.
Prosecution must establish a clear demand for bribery; mere acceptance without proof of demand does not constitute an offence under the Prevention of Corruption Act.
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