The Kerala High Court has acquitted Dr. S.P. Malarkannan, a veterinary surgeon, in a 2002 bribery case, overturning his earlier conviction by the Special Court, Kottayam. The case stemmed from allegations that Dr. Malarkannan demanded ₹1,500 from a farmer’s relative for issuing a postmortem certificate required to claim insurance for a dead cow. According to the prosecution, he allegedly accepted ₹500 during a vigilance trap operation.
The Special Court had found him guilty under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced him to three years' simple imprisonment and a fine of ₹25,000. However, the High Court noted that the main prosecution witness (PW10) turned hostile, stating in court that the accused pushed away the money instead of accepting it.
Justice A. Badharudeen observed:
"Demand of bribe by the first accused has not been established by reliable and convincing evidence. Even if the colour change in his hands is considered, proof of demand is still missing."
The court referred to the Supreme Court's ruling in Neeraj Dutta vs. State (AIR 2023 SC 330), which mandates proof of both demand and acceptance to secure a conviction under the Prevention of Corruption Act. As no direct or circumstantial evidence proved the demand, the benefit of doubt was extended to the accused.
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The High Court concluded that any payment, if made, could have been private fees allowed under departmental rules. Consequently, Dr. Malarkannan's conviction was set aside, his bail bond cancelled, and he was released immediately.
Case Title:- Dr. S.P. Malarkannan vs. State of Kerala
Case No.:- Crl.A No. 2423 of 2009
