The High Court partly allowed an appeal under the Prevention of Corruption Act (PC Act), 1988 by modifying the sentence to the statutory minimum, while confirming the appellant’s conviction.
The appeal was filed by a former Village Assistant convicted by the Special Judge, Thrissur, in connection with corruption in the matter of compensation for land acquisition for the Kochi International Airport.
PW1’s land was acquired for the airport, and improvements were assessed at Rs. 71,000. Initially, three officials (Deputy Collector, Special Tahsildar, Village Assistant (the appellant)) were arrayed as accused, but the final report was filed against the appellant alone. He was convicted and sentenced to rigorous imprisonment for 5 and 4 years (to run concurrently) plus fines, for demanding and accepting bribes totalling Rs. 25,000.
He filed the present appeal, seeking acquittal, or at least reduction in sentence, challenging conviction under Sections 7, 13(1)(d), r/w 13(2), PC Act.
The defense argued that demand and acceptance of bribe were not proved, and that minimum sentences could be further reduced under powers akin to Article 142.
The Bench comprising Justice A. Badharudeen found that the evidence from PW1 and corroborating trap witness/test (phenolphthalein, currency recovery), and supporting documents, established the elements of demand and acceptance beyond reasonable doubt. On sentencing, the court applied the ratio of Pounammal[1] and clarified that High Courts cannot reduce below statutory minimum (1 year under Section 13(1)(d), 6 months under Section 7) unless legislated otherwise.
In result, the appellant’s conviction was confirmed. However, the sentence was reduced to rigorous imprisonment of one year (with Rs. 50,000 fine) under Section 13(1)(d), and six months (with Rs. 35,000 fine) under Section 7, with both sentences to run concurrently and default sentences stipulated for non-payment of fines. The order of bail was vacated and the appellant was directed to surrender within two weeks.
Case relied on:
1. Pounammal K. v. State represented by Inspector of Police, 2025 KHC 6718
Cases referred to:
1. Neeraj Dutta v. State (Govt. of N.C.T. of Delhi), AIR 2023 SC 330
2. Dashrath v. State of Maharashtra, reported in 2025 KHC 6456
Appearances:
For the Appellant: Sri. R. Anil, Sri. Delvin Jacob Mathews, Sri. George Philip, Sri. Raju Radhakrishnan, Advocates
For the Respondent: Smt. Rekha S., Sr. Public Prosecutor
[1] Pounammal K. v. State represented by Inspector of Police, 2025 KHC 6718
