In a significant ruling, the Kerala High Court recently upheld the conviction of a public servant in a corruption case but reduced his sentence. The appeal was filed by Sasi, a Telecom Mechanic, challenging his conviction and punishment for accepting a bribe.
The case originated from events in 2005. The prosecution, led by the Central Bureau of Investigation (CBI), alleged that Sasi demanded Rs. 500 from a woman (PW1) as an illegal gratification for providing a telephone connection under the OYT Scheme. He initially accepted Rs. 200 and persistently demanded the remaining Rs. 300. Frustrated by the repeated demands, the complainant informed the CBI, which laid a trap. During the trap, the accused was caught red-handed accepting the remaining Rs. 200 at the complainant's residence. He was subsequently charged under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.
The accused’s lawyer argued that the entire trap was illegal. A key contention was that the First Information Report (FIR) was registered after the trap had already been executed. He also claimed that the recorded telephone conversations (Exts.P3 and P7) showed no explicit demand for a bribe and that the complainant had allegedly induced his client.
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The court, however, rejected these arguments. Justice A. Badharudeen meticulously examined the evidence, including the testimonies of the complainant (PW1), a female police constable who was part of the trap team (PW3), and an independent witness from the State Bank of India (PW7). The court found their accounts of the demand, acceptance, and recovery of the bribe money to be consistent and reliable.
The judgment emphasized the legal principles governing such cases, referencing Supreme Court precedents.
"Proof of demand and acceptance of illegal gratification by a public servant is a prerequisite to establish the guilt," the court noted, underscoring that this core fact can be proven by direct or circumstantial evidence.
The court found that the prosecution had successfully proved both the demand and acceptance of the bribe beyond a reasonable doubt. Therefore, it confirmed the conviction handed down by the special CBI court.
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However, on the question of sentence, the High Court showed leniency. The special court had sentenced the accused to one year of rigorous imprisonment for the offence under Section 7 and three years with a fine under Section 13(2). Modifying this, the High Court reduced the sentence to the statutory minimum: six months imprisonment with a fine for the Section 7 offence and one year with a fine for the more serious offence under Section 13. The accused was directed to surrender immediately to serve the modified sentence.
Case Title: Sasi vs. C.B.I., Cochin
Case Number: CRL.A NO. 1651 OF 2006
