IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
P.A.Nujum – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
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’).
Proof of demand and acceptance of illegal gratification is essential for establishing corruption charges under the Prevention of Corruption Act.
Proof of demand and acceptance of bribe is essential for conviction under Sections 7 and 13 of the Prevention of Corruption Act, 1988.
The conviction of a public servant for bribery requires proof of both demand and acceptance of illegal gratification under sections 7 and 13 of the Prevention of Corruption Act.
The standard of proof for demand and acceptance of bribes under the Prevention of Corruption Act is met when evidence establishes exigent demands backed by corroborative testimony, with appropriate p....
The court established that proving demand and acceptance of bribe is essential to secure a conviction under the Prevention of Corruption Act, with particular attention to evidence during trap operati....
The court established that proof of demand and acceptance of bribe is essential for convictions under the Prevention of Corruption Act, reaffirming the need for credible evidence from witnesses. The ....
The prosecution must prove the demand and acceptance of bribe beyond reasonable doubt for conviction under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988.
Proof of demand and acceptance of bribe as a sine qua non for conviction under the Prevention of Corruption Act, emphasizing the necessity of corroborative evidence beyond the complainant's testimony....
Demand and acceptance of bribery must be proven for conviction under the Prevention of Corruption Act, which can be established through circumstantial evidence.
The conviction of the accused was upheld for demanding and accepting bribe, reinforced by testimony establishing guilt beyond reasonable doubt under the Prevention of Corruption Act.
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