Conviction under the Prevention of Corruption Act requires proof of demand and acceptance of illegal gratification, which was duly established in this case.

JUDGMENT :

A.BADHARUDEEN, J.

The sole accused in C.C. No.40/2004 on the files of the Court of the Enquiry Commissioner and Special Judge, Kozhikode, has filed this appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 [hereinafter referred as ‘Cr.P.C.’ for short], challenging the conviction and sentence imposed by the Special Judge, against him as per the judgment dated 14.10.2010. The State of Kerala, represented by the Special Public Prosecutor is arrayed as the respondent herein.

2. Heard the learned senior counsel for the appellant and the learned Special Public Prosecutor, in detail. Perused the verdict under challenge and the records of the Special Court.

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

4. The prosecution case is that, the accused while working as Village Extension Officer, Perla Circle and as such being a public servant abused his official position, committed criminal misconduct, by adopting corrupt and illegal means, demanded an illegal gratification of Rs.500/- for himself from Sri.K.Abdulla, S/o.Mammunhi, Kuriadka, Perla P.O., Enmakaje Village at about 4 P.M on 27-03-2003 and accepted Rs.200/- at the Village Extention Office, Perla, for issuing a Stage Certificate to the said Sri.K.Abdulla for producing the same before the Block Development Officer, Manjeswar for getting the 1^st instalment of money under Indira Awaz Yojana General Housing Scheme for construction of houses and after accepting the bribe amount of Rs. 200/- he told to the said Sri.Abdulla to pay the balance amount after encashing the cheque. He further demanded an illegal gratification of Rs.800/- for himself from K.Abdulla at 2 P.M on 29-04-2003 at the Village Extension Office, Perla, for issuing the 2nd Stage Certificate (Rs.300/- being the balance bribe amount of 1st Stage Certificate and Rs.500/- being the bribe amount for issuing the 2nd Stage Certificate) and accused accepted Rs.500/- from PW1 and told him to pay the balance amount of Rs.300/ before issuing the 3^rd Stage Certificate reiterated the demand for the balance bribe amount of Rs.300/- from him at 1.15 PM on 7-5-2003 at the Village Extension Office, Perla, and in pursuance of the said demand, the accused accepted for himself an amount of Rs.300/- then and there, by way of bribe, from the said Abdulla as a motive or reward for the official act mentioned above and thereby, accused have committed criminal misconduct and obtained undue pecuniary advantage for himself. On this premise, the prosecution alleges commission of offences punishable under Sections and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 [hereinafter referred as ‘P.C. Act, 1988’ for short], by the accused.

5. After framing charge for the above said offences, the Special Court recorded evidence and completed trial. During trial, PWs 1 to 9 were examined, Exts.P1 to P19 and MOs 1 to 4 were marked on the side of the prosecution. Even though, the accused was given opportunity to adduce defence evidence after questioning him under Section 313(1)(b) of the Cr.P.C., he did not opt to adduce any defence evidence.

6. On appreciation of evidence, the Special Court found t