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Kerala High Court Upholds Bribery Conviction of Former Village Officer, Reduces Jail Term Citing Age and Health Issues in Vigilance Trap Case

Vivek G.

Kerala High Court upholds ex-village officer P.V. Mathew’s bribery conviction, reduces jail term citing age and illness; vigilance case proved beyond doubt.

Kerala High Court Upholds Bribery Conviction of Former Village Officer, Reduces Jail Term Citing Age and Health Issues in Vigilance Trap Case

The Kerala High Court on Saturday (October 25, 2025) upheld the conviction of former Village Officer P.V. Mathew in a corruption case but showed leniency by reducing his jail term. The single-judge bench of Justice A. Badharudeen modified the original two-year imprisonment awarded by the Kottayam Special Court, citing the 61-year-old officer’s health condition.

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Background

Mathew, who served as Village Officer of Chittar-Seethathodu in Pathanamthitta, was accused of taking bribes from a local resident, P.M. John, for processing land mutation papers. According to the Vigilance and Anti-Corruption Bureau (VACB), Mathew allegedly demanded ₹250 first and later ₹2,000 to carry out the mutation for a 1.33-acre property in 2005.

The vigilance team, acting on John’s complaint, organized a trap operation using phenolphthalein-smeared notes. The prosecution claimed that Mathew accepted the bribe and was caught soon after.

Mathew, however, maintained that the case was fabricated out of old enmity claiming that John held a grudge from an earlier report filed against him nearly two decades ago. His lawyers argued that there were procedural lapses, inconsistencies in witness statements, and failure to verify the alleged demand before the trap.

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Court’s Observations

Justice Badharudeen examined the entire trial record and noted that while minor lapses existed in the pre-trap and recovery mahazars, the “core evidence of demand and acceptance” stood firm.

“The omissions in Ext.P7 or Ext.P8 are of little significance when the testimony of witnesses is otherwise convincing,” the judge remarked, adding that both the complainant and the decoy witness gave clear and consistent versions about the transaction.

The court rejected the defense’s argument that the mutation was already completed before the alleged bribe payment. “It was only after receiving the bribe that the accused instructed the staff to effect the mutation,” the judge observed.

On the issue of contradictions, the bench delivered an elaborate clarification on what legally amounts to a contradiction, observing that unless such inconsistencies are proven as per Section 145 of the Evidence Act, they cannot be relied upon to discredit a witness. “Contradictions must be proved in the manner known to law; otherwise, they carry no evidentiary value,” the judgment stated.

The court also discussed the principle that pre-trap verification of bribe demand, while desirable, is not mandatory if other reliable evidence establishes guilt.

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Decision

Concluding that the Vigilance Bureau had proved the case beyond reasonable doubt, the High Court affirmed Mathew’s conviction under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.

However, considering his medical condition, the court modified the sentence. Mathew will now serve six months’ simple imprisonment under Section 7 and one year under Section 13(2), with both sentences to run concurrently. The fines of ₹20,000 and ₹25,000 respectively were retained.

“The appellant deserves some leniency on humanitarian grounds, but the offence remains grave,” Justice Badharudeen noted, directing Mathew to surrender before the Special Court immediately to serve the modified sentence.

Case: P.V. Mathew vs State of Kerala

Court: Kerala High Court, Ernakulam

Judge: Justice A. Badharudeen

Appellant: P.V. Mathew Former Village Officer, Chittar-Seethathodu, Pathanamthitta

Respondent: State of Kerala, represented by the Vigilance and Anti-Corruption Bureau (VACB)

Date of Judgment: October 25, 2025

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