Chhattisgarh High Court (HC) recently acquitted a former Government servant who was convicted for accepting bribe of Rs 100, 39 years ago. Single Bench of Justice Bibhu Datta Guru held that held that the failure of the prosecution to prove demand and acceptance of illegal gratification rendered the proceedings unsustainable and the charges against the appellant were not proved.
In 1986, the acquitted person was caught by a trap team of vigilance when he was working as bill assistant in the divisional workshop of Madhya Pradesh Transport Corporation in Raipur. According to the complaint he demanded bribe for passing the bills. As per Lokayukta’s direction, a trap team was constituted, and Phenolphthalein powder was sprinkled over two currency notes of Rs 50 each, and the complainant was directed to give them to the convict.
The complainant handed over those notes to the convict. Thereafter, the trap team, along with the witnesses, caught the convict red-handed. The currency notes were recovered from him, and upon washing them in the sodium carbonate solution, they turned pink.
Trial court convicted the arrested Government servant to rigorous imprisonment for one year along with Rs 1,000 as fine under Prevention of Corruption Act of 1988.
The High Court held that the failure of the prosecution to prove demand and acceptance of illegal gratification rendered the proceedings unsustainable, and the charges against the appellant (convicted ex-Government officer) were not proved.
The HC also noted that many witnesses could not testify what was the conversation took place between the bribe giver and acceptor and the witnesses deposed that they could not hear the conversation as they were at at a distance of 20-25 yards when money was handed over to acceptor.