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2025 Supreme(Ker) 2909

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
P.A.Nujum – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant : Shri.Santhosh Peter (Mamalayil), Sri.P.N.Anoop, Sri.K.C.Salman, Smt.Smitha Pillai, Smt.Chithra Prabha, Sri.M.S.Sandeep Sudhakaran
For the Respondent: Public Prosecutor, SPL PP Rajesh.A Vacb, SRPP Vacb Rekha.S

JUDGMENT :

A. Badharudeen, J.

This Criminal Appeal has been filed under Section 374 of the Code of Criminal Procedure (for short, 'CrPC') challenging the judgment dated 23.02.2010 in C.C. No. 120 of 2008 on the files of the Enquiry Commissioner and Special Judge, Kottayam. The respondent is the State of Kerala, represented by the Vigilance and Anti-Corruption Bureau (VACB).

2. Heard the learned counsel for the appellant/accused and the learned Special Public Prosecutor appearing for the VACB in detail. Perused the verdict under challenge as well as the records of the special court in detail.

3. The precise allegation of the prosecution is that, in continuation of a demand for illegal gratification made by the appellant/accused on 30.12.2001 and 03.01.2003, the accused who was then serving as Secretary (Special Grade) of the Erumeli Grama Panchayat accepted a sum of ₹6,000/- as illegal gratification from the complainant (examined as PW3) at 4:45 p.m. on 20.01.2003. This forms the basis of the prosecution case that the accused committed offences punishable under Sections 7 and 13(1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for short, ‘the PC Act, 1988’).

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