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2025 Supreme(Ker) 2877

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
Jayasree Rajkumar – Appellant
Versus
Inspector Of Police CBI/SPE, Cochin – Respondent


Advocates Appeared:
For the Petitioner: Shri.Martin G.Thottan
For the Respondent: Sri. Sasthamangalam S. Ajithkumar, Spl.P.P., Shri.Suvin R.Menon, Senior Panel Counsel, Sreelal N. Warrier, Sc, , Senior Public Prosecutor Smt.Rekha S For Vacb, Speciall Public Prosecutor Sri Rajesh A For Vacb

JUDGMENT :

A. Badharudeen, J.

The sole accused in C.C.No.1 of 2004 on the files of the Enquiry Commissioner and Special Judge, (SPE/CBI) II, Ernakulam, is the appellant herein and he assails judgment in the above case dated 25.07.2011. The respondent herein is the Inspector of Police, CBI/SPE, Cochin, represented by the Special Public Prosecutor for C.B.I.

2. Heard the learned counsel for the appellant/accused as well as the learned Special Public Prosecutor for CBI. Also heard the learned Standing Counsel representing for the 2nd additional respondent/defacto complainant in this case.

3. Perused the judgment under challenge as well as the records of the Special Court and the decisions placed by both sides.

4. I shall refer the parties in this appeal as 'prosecution’ as well as 'accused’ for easy reference.

5. In this case the prosecution alleges commission of offences punishable under Sections 409 and 477A of the Indian Penal Code ('IPC’ for short) as well as under Section 13 (1)(c) and 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 ('PC Act’ for short hereinafter), by the accused. The prosecution allegation is that the accused while working as Sub Postmaste

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