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2025 Supreme(Ker) 2906

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
M.G.Ajaykumar – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Appellant : ADV.P. VIJAYA BHANU (SR), SRI.P.M.RAFIQ, SRI.AJEESH K.SASI, SRI.C.JAYAKIRAN, SMT.MITHA SUDHINDRAN, SMT.POOJA PANKAJ, SRI.M.REVIKRISHNAN, SRI.V.C.SARATH, SRI.VIPIN NARAYAN
For the Respondent: RAJESH.A-SPL PP VACB, ADV.REKHA.S – SR PP VACB

JUDGMENT :

A. BADHARUDEEN, J.

This appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973, by the accused in C.C. No.169/2016 on the files of the Court of the Enquiry Commissioner and Special Judge, Muvattupuzha, challenging the conviction and sentence imposed by the Special Judge as per the judgment dated 30.11.2017. The State of Kerala, represented by the Public Prosecutor is arrayed as the sole respondent herein.

2. Heard the learned senior counsel for the appellant and the learned Public Prosecutor, in detail. Perused the verdict under challenge, the records of the trial court as well as the decisions placed by the learned senior counsel for the appellant.

3. Parties in this appeal shall be referred as ‘accused’ and ‘prosecution’, hereafter.

4. In this matter, the prosecution case is that, the accused, while working as the Block Development Officer, Devikulam, demanded Rs.5,000/- as illegal gratification from one Geetha Aji, W/o Aji K.K, examined as PW4, for releasing the balance amount of the housing grant sanctioned to her. In continuation of the said demand, the accused demanded and accepted the bribe money at 4.30 p.m. on 11.09.2013, as deposed by Gee

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