JUDGMENT

This appeal arises from the judgment dated 30.11.2010 in C.C.No.160/2008 on the file of the Court of the Enquiry Commissioner and Special Judge, Kottayam. The appellant is the accused No.2. The appellant faces charges under Sections 13 (1) (c) & (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 , and Sections 409 , 465, 471, and 120B of the Indian Penal Code .

2. The prosecution case unfolded from the materials before the Court is as follows:- 2.1. The appellant (accused No.2) was a member of Vazhoor Grama Panchayath. Accused No.1 was a clerk in the office of the Grama Panchayath. Sri. Jim Aby Jacob had owned a factory in the name and style Iravikulagara Polymers. PW1 was a partner of the firm.

2.2. PW1 approached the appellant to get licence as provided in the Kerala Panchayat Raj (Issue of Licence to Dangerous and Offensive Trades and Factories) Rules (D & O Licence). The appellant received Rs.1,240/- as licence fee from PW1. After that, the appellant and the other accused entered into a criminal conspiracy in March 2000. In furtherance of it, they forged Ext.P3 licence and handed it over to PW4, an employee of PW1, representing that the same was a ge