Excelsior Correspondent
SRINAGAR, Jan 28: High Court has acquitted a revenue official in a four decades old graft case citing strict proof is required in corruption charges.
Justice Sanjay Dhar while passing a detailed judgment in an appeal filed by one Mohammad Shaban Wani, the then Patwari against his conviction by the trial court for demanding bribe in lieu of issuance of revenue documents emphasized that the strict standard of proof required in corruption cases.
The case arose from FIR No. 40/1986 registered by the Vigilance Organization Kashmir, alleging that the appellant-Wani demanded a bribe of Rs 1,000-later reduced to Rs 800-for issuing a revenue extract required for the sale of land. During a trap laid on September 15, 1986, Rs 700 was claimed to be recovered from Wani and Rs 100 from another Patwari, who was later discharged.
Thereafter Patwari had been convicted and sentenced on 29th September 2004 by the Court of Special Judge, Anti-Corruption Srinagar in a 1986 corruption case.
Allowing his appeal against the conviction appeal filed, Justice Dhar held that mere recovery of tainted money was not sufficient to prove bribery unless demand and voluntary acceptance are established by clear clinching evidence.
“Allegations of bribery must be examined in the backdrop of all attendant circumstances and demand must be established by clear and clinching evidence,” the court said while setting aside the conviction and sentence to Wani.
The Patwari was sentenced to two years’ rigorous imprisonment under Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act and one year under Section 161 RPC.
The Court observed that the trial court had relied heavily on recovery and phenolphthalein test results, overlooking the settled legal position that proof of demand is the sine qua non for conviction in bribery cases.
Holding that the prosecution failed to prove demand and voluntary acceptance of illegal gratification beyond reasonable doubt, the court concluded that the conviction was based on conjectures and suspicion rather than legally admissible evidence.
“The finding recorded by the trial court that the complainant may have been won over is purely conjectural and is not supported by any cogent evidence,” the Bench said.
Accordingly, the court allowed the appeal and set aside the conviction and sentence consequently acquitted the patwari- Wani from of all charges.
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