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2025 Supreme(Ker) 2989

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Pattayan Sreekanth S/o A.P. Kunhiraman – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : P. Vijayabhanu, M. Revikrishnan
For the Respondents: Rajesh A., Rekha S.

Table of Content
1. introduction of case and prosecution background. (Para 1 , 2 , 4)
2. arguments regarding evidence of conspiracy. (Para 5 , 6 , 7)
3. court's analysis of conspiracy evidence. (Para 8 , 30)
4. legal principles of conspiracy under ipc. (Para 17 , 18 , 19)
5. assessment of the appellant's involvement in conspiracy. (Para 32 , 33)
6. final judgment and acquittal of the appellant. (Para 34)

JUDGMENT :

A. BADHARUDEEN, J.

This appeal is at the instance of the 2nd accused in C.C.No.36 of 2002 on the files of the Enquiry Commissioner and Special Judge, Kozhikode. The appellant impugns conviction and sentence imposed against him in the said case dated 26.11.2009. The respondent herein is the State of Kerala represented by the Vigilance and Anti-Corruption Bureau (`VACB’ for short).

2. Heard the learned Senior Counsel for the appellant/accused as well as the learned Special Public Prosecutor for VACB.

3. Perused the verdicts impugned as well as the records of the Special Court.

4. The prosecution case is that the 1st accused while working as Village Officer, Thirunelly from 01.07.1992 to 30.04.1996 being a public servant abused his official position, hatched criminal conspiracy with th

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