Bilaspur, Sep 20 (PTI) The Chhattisgarh High Court has acquitted an 83-year-old former bill assistant of the Madhya Pradesh State Road Transport Corporation (MPSRTC), nearly four decades after he was caught
allegedly accepting a bribe of Rs 100, setting aside his conviction in the case in 2004 by a lower court.
The high court said the prosecution failed to prove the demand and acceptance of illegal gratification, thereby rendering the conviction in the case and proceedings "unsustainable".
A single bench of Justice Bibhu Datta Guru delivered the verdict on September 9 over an appeal filed by Jageshwar Prasad Awadhiya, challenging his conviction by the lower court.
As per the HC order, on October 24, 1986, one Ashok Kumar Verma had lodged a complaint before Lokayukta, alleging that Awadhiya, who was then a bill assistant with MPSRTC, demanded Rs 100 for clearing his pending bill of arrears for his service period 1981-85.
Acting on a complaint, a Lokayukta trap team marked two Rs 50 notes with phenolphthalein powder and handed them to Verma, directing him to give them to Awadhiya. The next day, Awadhiya, a resident of Purani Basti area in Raipur, was subsequently caught with the tainted notes, which tested positive in a chemical examination.
On December 9, 2004, the trial court convicted Awadhiya under Sections 7 and 13(1) (d) of the Prevention of Corruption Act, 1988 and sentenced him to one year imprisonment and imposed a fine of Rs 1000.
Awadhiya challenged the order in the HC.
His counsel Keshav Dewangan in the HC argued that he had been falsely implicated in the case, stating that he had informed the complainant (Verma) that the bill payment could only be processed after the higher authority's approval, which was granted weeks after the alleged demand date.
The complainant requested for payment on October 24, 1986, whereas the order for preparation and approval of the arrears was received from the higher authority only on November 19, 1986, demonstrating that the appellant was not competent to release the amount on the date of the request, Dewangan submitted.
His counsel further contended that the prosecution failed to prove any demand for illegal gratification and that the case was flawed as it was initiated under the old Prevention of Corruption Act, 1947, but prosecuted under the 1988 Act.
The state opposed the appeal and supported the conviction.
After hearing the two sides, Justice Bibhu Datta Guru, allowed the appeal and acquitted the accused of all charges.
After considering both sides, the high court held that the prosecution's evidence was insufficient to sustain the conviction. It quashed the trial court's order and acquitted Awadhiya of all charges.
"The failure of the prosecution to prove demand and acceptance of illegal gratification renders the proceedings unsustainable. The charges against the appellant (Awadhiya) are, therefore, not proved. In light of the foregoing, the prosecution has failed to discharge its burden of proof. The evidence, whether oral, documentary or circumstantial, falls short of establishing the essential ingredients of the alleged offence of bribery. The conviction recorded by the trial court is therefore unsustainable," the HC order said.
The conviction and sentence of the appellant under the aforementioned provisions are hereby set aside, and the appellant stands acquitted of all charges, it added.
The HC in its order also noted, "In view of saving clause under Section 30(2) of the Prevention of Corruption Act, 1988, the action taken under the Prevention of Corruption Act, 1947 will be deemed valid under the new Act of 1988 provided that they are not inconsistent with the provisions of the new Act, 1988."
Talking to reporters, Awadhiya welcomed the HC order, but said, "Justice delayed is justice denied."
He said he cannot fight further and urged the government to provide him a pension facility. PTI COR TKP NP
