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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
D.Alexander – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala, Ernakulam – Respondent
| Table of Content |
|---|
| 1. the appeal challenges the conviction and sentence imposed by the special court. (Para 1 , 2 , 3) |
| 2. prosecution's evidence regarding the bribe demand is presented. (Para 4 , 6 , 10) |
| 3. testimonies and contradictions in evidence are evaluated. (Para 5 , 8 , 20) |
| 4. need for proving demand and acceptance of bribe for conviction. (Para 16 , 17) |
| 5. final decision confirms conviction with sentence modification. (Para 22 , 24) |
JUDGMENT :
The conviction and sentence imposed against the 2nd accused in C.C.No.7/2006 on the files of the Enquiry Commissioner and Special Judge, Thrissur, as per judgment dated 11.07.2014, are under challenge in this appeal at the instance of the 2nd accused.
3. In this matter, the allegation of the prosecution is that, accused Nos.1 and 2 committed offences punishable under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'PC Act, 1988' for short) as well as under Section 120B of the Indian Penal Code (hereinafter referred to as 'IPC' for short). After the trap proceedings, final report filed before the Special Court. At the time of trial, the 1st accused is no more. Accordingly, the Special Cour
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