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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
Mohan A.K. – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. initial facts regarding the fir and allegations against the accused. (Para 1 , 2 , 3) |
| 2. arguments regarding the demand and acceptance of bribes. (Para 4 , 5) |
| 3. court’s evaluation of the evidence supporting the allegations. (Para 6) |
ORDER :
The accused in V.C.No.1/2024 of VACB Unit, Kasaragod has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for Shirt) and the prayer herein is to quash Annexure-3 FIR and all further proceedings thereto including Annexure-6 arrest memo.
3. Here the FIR was registered on 10.01.2024 alleging commission of offence punishable under Section 7 (a) of the Prevention of Corruption Act, 1988 ('PC Act, 1988' for short) as amended 2018 by the accused, the petitioner herein, based on the FIS given by one Ramanand K.X, alleging that the accused demanded the complainant, to see the accused the way in which he should be seen and to pay money for joining under him to do Ph.D, while the complainant has been awaiting to join the accused for Ph.D, after passing the interview for the same following the procedure. The specific allegation is that on 08.01.2024 and 09.01.2024 accused demanded Rs.50,000/- and c
The court established that sufficient evidence exists for the charge of bribery under the Prevention of Corruption Act.
The court established that prima facie evidence of a bribe demand is sufficient to justify an investigation under the Prevention of Corruption Act, and that quashing an FIR should be an exception rat....
The prosecution must prove demand and acceptance of bribes beyond reasonable doubt, which was not established in this case.
Demand and acceptance of bribe are essential for prosecution under the Prevention of Corruption Act; without sufficient evidence, proceedings should be quashed.
The demand for a bribe constitutes an offence under Section 7(a) of the PC Act, validating FIR registration prior to the bribe's acceptance.
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