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2026 Supreme(Online)(Ker) 37441

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Badharudeen, J
D. Jayanarayana – Appellant
Versus
State Of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: B. Vinod, Azeem Salih
For the Respondents: Rajesh A., Rekha S.

JUDGMENT

Dated this the 19th day of June, 2026

The sole accused in C.C. No.56/2006 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 13.12.2012. The State of Kerala, represented by the Special Public Prosecutor is arrayed as the respondent herein.

2. Though this Court appointed Adv.Adithya Narayanan K.G. as the State Brief to argue this appeal, as the learned counsel for the appellant has relinquished his vakalath, later Adv.B.Vinod has filed fresh vakalath for the appellant and argued the matter on merits.

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

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

5. The prosecution case is that, the accused while working as U.D. Clerk at Sub Registrar's Office, Kasaragod, being a public servant abused his position as p

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