IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
K.A.Abdul Rasheed, S/o. Ali – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
A. BADHARUDEEN, J.
The sole accused in C.C.No.40/2010 on the files of the Enquiry Commissioner and Special Judge, Kottayam, has filed this appeal challenging conviction and sentence imposed against him in the above case dated 28.02.2018. The Vigilance and Anti-Corruption Bureau, represented by the Special Public Prosecutor is the respondent.
2. Heard the learned counsel appearing for the appellant/accused as well as the learned Special Public Prosecutor in detail. Perused the records of the Special Court and the decisions placed by the learned counsel for the appellant.
3. The prosecution case is that the accused, while working as Taluk Supply Officer, Kottayam, during the period from 25.06.2008 to 20.07.2009, demanded Rs.500/- as illegal gratification from the complainant Sri Shynavas on 13.07.2009 and thereafter he demanded and accepted the same at 1.45 p.m on 20.07.2009. On this premise, the prosecution alleges commission of offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988' hereinafter), by the accused.
4. The Special Court took cognizance of the matter on getting final report filed, a

Vadivelu Thevar v. The State of Madras
Pandurang Chandrakant Mhatre v. State of Maharashtra
Proof of demand for illegal gratification is essential for conviction under the Prevention of Corruption Act; mere acceptance of bribe without establishing demand cannot sustain a conviction.
Proof of demand and acceptance of illegal gratification can be established through circumstantial evidence and testimony from witnesses, despite hostility.
The absence of direct evidence due to the complainant's hostility fails to meet the burden of proof required to establish demand and acceptance of bribe under the Prevention of Corruption Act.
There must be credible evidence of demand and acceptance of illegal gratification to establish offences under the Prevention of Corruption Act, irrespective of the witness's credibility.
The requirement for proof of demand and acceptance of bribes under the Prevention of Corruption Act was satisfied, confirming the conviction of the public servant involved.
Insufficient proof of demand and acceptance of bribe precludes conviction under the Prevention of Corruption Act.
Proof of demand and acceptance of bribe is essential for conviction under the P.C. Act; absence of direct evidence necessitates acquittal.
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.
Demand and acceptance of illegal gratification by a public servant must be proved beyond reasonable doubt under the Prevention of Corruption Act for conviction.
The prosecution must prove both demand and acceptance of bribe for conviction under the Prevention of Corruption Act; credible evidence supporting the accused's guilt suffices against claims of innoc....
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