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2017 Supreme(Online)(KER) 25065

HIGH COURT OF KERALA
P.UBAID, J
BASHEER – Appellant
Versus
THE STATE OF KERALA – Respondent


O R D E R

The revision petitioner herein is the accused in C.C No.1081/2004 of the Judicial First Class Magistrate Court, Kottarakara. He faced prosecution before the court below under Section 170 I.P.C on the allegation that he received money from the de facto complainant by making him believe that he is a staff of the Taluk Office, Kottarakara, as a gratification for surveying the property of the complainant.

2. The accused appeared before the learned Magistrate and pleaded not guilty when the substance of the accusation was read over and explained to him.

3. The prosecution examined fifteen witnesses in the trial court and proved Exts.P1 to P7 documents. The accused did not adduce any evidence in defence. He denied the incriminating circumstances when examined under Section 313 Cr.P.C.

4. On an appreciation of the evidence, the learned Magistrate found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for six months by judgment dated 19.2.2007. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Kollam with Crl.A 152/2007. In appeal, the learned IInd Additional Sessions Judge, Kollam confirmed the conviction and sen

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