Kerala High Court Upholds Conviction of Village Officer for Accepting Bribe

Kerala High Court has upheld the conviction of K.R. Muhammed Nazer, a former Village Officer, for accepting a bribe. The judgment was delivered by the Hon'ble Dr. Justice Kauser Edappagath on June 16, 2023.

The case, Criminal Appeal No. 1692 of 2013, arose from an incident in 2006 when the appellant, while serving as a Village Officer in Wagamon Village, allegedly obtained ₹650/- as a bribe from a complainant in exchange for providing a location map. The Enquiry Commissioner and Special Judge, Kottayam, had earlier convicted and sentenced the appellant under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.

During the appeal proceedings, the appellant challenged the conviction, arguing that the prosecution had failed to prove the demand and acceptance of the bribe. However, the High Court, after considering the evidence presented by the prosecution, including the testimony of the decoy witness and other witnesses, found that the demand and acceptance of illegal gratification had been amply proved.

The court emphasized that although there were minor contradictions in the evidence, they were insignificant and did not undermine the prosecution's case. It further noted that circumstantial evidence, such as the positive results of the phenolphthalein test, supported the conclusion that the appellant had accepted the tainted currency notes.

The defense had also presented a witness to support the appellant's version of events, but the court, after evaluating the witness's demeanor and considering the lack of corroborating evidence, found the defense witness unreliable.

Consequently, the High Court held that the appellant, in his capacity as a public servant, had abused his official position and accepted the illegal gratification. The conviction under Sections 7 and 13(1)(d) read with 13(2) of the PC Act was deemed justified.

Regarding the sentence, the court upheld the trial court's decision, which had sentenced the appellant to six months of rigorous imprisonment and a fine of ₹10,000/- under Section 7, and one year of rigorous imprisonment and a fine of ₹15,000/- under Section 13(1)(d) read with 13(2) of the PC Act. The sentence was considered reasonable, taking into account the facts and circumstances of the case.

Date of Decision:  16 June, 2023

K.R. MUHAMMED NAZER  vs STATE OF KERALA