Kerala High Court Acquits Village Man in Vigilance Case.

The Kerala High Court set aside the conviction and sentence of a Village Man under Sections 7 and 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988. The Court held that the prosecution failed to prove the essential ingredient of ‘demand’ of illegal gratification, which is necessary to sustain conviction under the PC Act. Mere recovery of the amount from the accused without evidence of demand is insufficient for establishing criminal liability.

1. The appellant, V.P. Asokan, formerly Village Man of Kakkoor Village Office, was convicted in C.C. No.33/2007 by the Enquiry Commissioner & Special Judge, Kozhikode, for allegedly demanding and accepting Rs.100/- as illegal gratification on 25.04.2005.
2. The Special Court sentenced him to rigorous imprisonment for 1 year and a fine of Rs.1,000/- for each offence under Sections 7 and 13(1)(d) r/w 13(2) of the PC Act, 1988, with sentences running concurrently.

1. PW1 (complainant) turned hostile during trial, and no direct evidence of demand was elicited.
2. Other witnesses (PW2–PW8) testified about the trap proceedings and recovery of the currency note, but none supported the demand element.
3. Reliance solely on circumstantial evidence without proving demand is insufficient to sustain a conviction under Sections 7 and 13(1)(d) r/w 13(2) PC Act.
4. Legal principle cited: Neeraj Dutta v. State [AIR 2023 SC 330] – Demand and acceptance of illegal gratification are essential ingredients under Sections 7 and 13(1)(d) of the PC Act. Mere recovery or acceptance without proof of demand is inadequate.
5. The Court also referred to its earlier decision in Sunil Kumar K. v. State of Kerala [2025 KHC OnLine 983] reinforcing that absence of evidence of demand, especially when the complainant turns hostile, cannot sustain conviction.

1. The appeal succeeds.
2. Conviction and sentence set aside.
3. Appellant acquitted of offences under Sections 7 and 13(1)(d) r/w Section 13(2) of the PC Act, 1988.
4. Bail bond cancelled, and appellant set at liberty forthwith.
5. Registry directed to forward a copy of the judgment to the Special Court.

1. Section 7, PC Act, 1988: Taking gratification other than legal remuneration by public servant.
2. Section 13(1)(d) & 13(2), PC Act, 1988: Criminal misconduct by a public servant.
3. Section 20, PC Act, 1988: Presumption of motive in acceptance of illegal gratification.
4. Evidence Act, 1872: Section 154 – on drawing inferences when complainant turns hostile.

Citation: 2025:KER:79721

Case: V.P. Asokan v. State of Kerala

Court: High Court of Kerala at Ernakulam

Coram: Mr. Justice A. Badharudeen

Date of Decision: 25 October 2025

Criminal Appeal No.: CRL.A. No. 275 of 2013