STATE OF KERALA V. C P RAO

INTRODUCTION:

We all know about corruption, misuse of public power but in this paper we will see about

false corruption accusation comes out of personal enmity & wasting courts time. Our country

follows “The rule the escape of a thousand criminals and not a single innocent should be

punished” this case is an perfect example for that rule.

FACT OF THE CASE:

This is an appeal against the judgement and order acquitted dated 19 th January, 2005 by High

court. In this case petitioner accused respondent for Sec 7[Public servant taking gratification

other than legal remuneration]demanding illegal gratification of Rs5000 for high marks to the

students who attended pharmaceutical-II in D-pharma final exam in 1994, Sec 13(1)(d)[by

corrupt or illegal means, by abusing his position, obtaining pecuniary advantage without

public interest],Sec13(2)[any public servant who commit criminal misconduct is punishable

with imprisonment.

JUDGEMENT:

In this case lower court sentenced 20months imprisonment and Rs25000 fine. Latter High

Court found that the complainant was not examined because respondent was out of country.

High court acquitted him based on the fact that respondent alone can’t give such marks it

should be approved by others, PW1 & PW2 said the they heated respondent shouting at

college authorities and currency note had been thrust into his pocket. PW3 said college

authorities has previous animosity on him. Non-examination of CW1 was found very crucial

by high court and mere recovery of currency alone doesn’t mean he is an accused he is

considered as innocent until proved guilty. Hence, the court acquitted him.

CASE COMMENT:

1. Crime should be proved beyond reasonable doubt.

2. One shouldn’t misuse remedies given to them and shouldn’t bring personal

vengeance to court.

SUGGESTION:

I completely agree with High court’s verdict because both the sides should be heared but

complainant was absent in every hearing and guilt is not prove beyond reasonable doubt

evidence shows that the act was done because of personal enmity.

CONCLUSION:

The court should punish those who file fake case for wasting courts timing that will be fair.

If people start using law as weapon for personal enmity then our country future will be big

question mark. Verdict should be given after proper and fair hearing.

Cases referred:

Subair V. State of Kerala

Sanwat singh V. State Of Rajasthan

credit: JEEVITHA P

Clg name: TNDALU,CHENNAI