KOCHI: Former village officer of Kannur village, K Rajagopalan and former villageman, A K Hashim, have been acquitted in their appeals by the High Court. Justice Dr Kausar Edapagam has also instructed the Vigilance Court to take action against the complainant in the case for providing false testimony in court.
Rajagopal and Hashim were arrested by the Vigilance team on April 18, 2002 based on a complaint filed by Masood, a resident of Kannur Naluwayal. Masood alleged that the village officer and villageman had demanded a bribe of one hundred rupees each in exchange for an ownership certificate for his wife's family property. The Vigilance team had even recovered currency notes smeared with phenolphthalein from them as evidence. However, during the trial, the complainant changed his stance. He testified that he had placed the money in Hashim's pocket on the instructions of the Vigilance team, and that the money in Rajagopal's pocket had been placed there by the Vigilance officials themselves.
Nevertheless, in 2010, the Kozhikode Vigilance Court found evidence of accepting bribes and sentenced the accused to one year of imprisonment, along with a fine of 2000 rupees each. The High Court reviewed the appeal filed by the defendants against this judgment.
The High Court clarified that even if there is evidence that the accused had accepted bribes, they cannot be punished for demanding bribes without concrete evidence of such demands. However, the High Court observed that the complainant's testimony in court contradicted his initial complaint to the Vigilance authorities deeming it false. Consequently, it ordered action to be taken against the complainant.