# Crl.A.No.108/2001 against judgment in CC 63/1999 of Enquiry Commissioner & Special Judge, Thiruvananthapuram

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Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w3-16-002.json](https://datalibertarian.in/babuwatch/data/case/t2w3-16-002.json)

Trial-court conviction (Enquiry Commissioner & Special Judge, Thiruvananthapuram; Special Court (ACB)). Convicted 2000. Appeal status: Upheld on appeal.

## Summary

The Enquiry Commissioner and Special Judge, Thiruvananthapuram, in CC 63/1999, convicted Head Constable, Station Writer of Fort Police Station, for demanding Rs 1,500 from PW2 on 09-12-1998 to release his bicycle, wrist watch, fountain pen and wallet detained at the station (PW2 had been picked up on a s.446 CrPC realisation warrant as surety), and accepting two Rs 100 decoy notes in a VACB trap laid by the DySP, VACB Thiruvananthapuram. The Kerala High Court (Crl.A.No.108/2001, decided 22-05-2014) held voluntary acceptance of bribe proved, set aside the s.7 conviction, confirmed the conviction under s.13(1)(d) r/w s.13(2) PC Act, and reduced the sentence to one year's RI with Rs 10,000 fine.

## Report card

By judgment in 2000, the Enquiry Commissioner & Special Judge, Thiruvananthapuram convicted the Head Constable 4782 (Station Writer), Fort Police Station, Thiruvananthapuram, Kerala Police.

- Register number: KL 01 CW 0002
- Case reference: CC 63/1999 (EC & Special Judge, Thiruvananthapuram); Crl.A.No.108/2001 (Kerala HC)
- Court and date: The Enquiry Commissioner & Special Judge, Thiruvananthapuram, 2000
- Officer(s) at the material time: Head Constable 4782 (Station Writer), Fort Police Station, Thiruvananthapuram, Kerala Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988; Section 7 (charged; conviction set aside on appeal) of the Prevention of Corruption Act, 1988
- Finding of the Court (extract): “3 years of imprisonment, each under Sections 7 and 13(2) of the Act, was imposed on the appellant.”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: Trial court: 3 years imprisonment each under ss.7 and 13(2); on appeal (22-05-2014, Justice A. Hariprasad) s.7 conviction set aside, s.13(1)(d) r/w 13(2) conviction confirmed, sentence reduced to 1 year RI + Rs 10,000 fine
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/10284191/); [Appellate judgment](https://indiankanoon.org/doc/10284191/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w3-16-002)

## At a glance

- Category: Bribery & extortion
- Sub-category: bribery pc act
- Location: Thiruvananthapuram, Kerala
- Officers: Head Constable 4782 (Station Writer), Fort Police Station, Thiruvananthapuram, Kerala Police
- Sentence: Trial court: 3 years imprisonment each under ss.7 and 13(2); on appeal (22-05-2014, Justice A. Hariprasad) s.7 conviction set aside, s.13(1)(d) r/w 13(2) conviction confirmed, sentence reduced to 1 year RI + Rs 10,000 fine
- Verification: V2 · Trial court