Release of Co-Sureties’ Properties Bars Revival in Debt Recovery Proceedings: Karnataka High Court Rajasthan High Court Permits Summoning of Tower Location Records of Police Officials in Corruption Case ISF's Public Meeting | Freedom of Speech and Assembly Is Fundamental but Subject to Reasonable Restrictions: Calcutta High Court Single Blow Aimed at a Vital Part With Dangerous Weapon Constitutes Murder Under Section 302 IPC: Kerala High Court Orissa High Court Quashes FIR Against Law Students Over Ragging Incident Pre-Trial Detention Cannot Be Punitive; Bail is the Rule, Jail the Exception: Delhi High Court Grants Bail to Accused in ₹3.06 Crore Forgery Case Collector's Actions in No Confidence Motion Held Illegal; Cost Imposed on State for Abdication of Statutory Duties: Allahabad High Court Judiciary as Guardian of the Constitution Must Address Failures in Law Enforcement: P&H High Court Demands Action Plan on 79,000 FIRs Pending Beyond Statutory Period NDPS | Presence of Contraband in Taxi Alone Is Not Proof of Guilt: Supreme Court Auction Purchaser’s Title Cannot Be Defeated by Unregistered Documents or Unsubstantiated Claims: Supreme Court Overturns High Court Order Land Acquisition | Section 28A Application Maintainable Based on Appellate Court’s Enhanced Compensation: Allahabad High Court Supreme Court Dissolves Marriage Using Article 142: ₹25 Lakh Settlement Ends All Pending Cases Common Intention Requires No Prior Planning; May Arise During the Incident: Supreme Court TESTIMONY OF PROSECUTRIX MUST "INSPIRE CONFIDENCE": SUPREME COURT UPHOLDS ACQUITTAL IN RAPE CASE

Kerala High Court Upholds Conviction of Village Officer for Accepting Bribe

07 May 2024 8:19 AM

By: Admin


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

Similar News