Early Times Report
Jammu, Jan 27: In a significant judgment, Justice Sanjay Parihar of High Court of Jammu & Kashmir and Ladakh has acquitted a Patwari who was convicted more than two decades ago in a corruption case, holding that the prosecution failed to prove the essential ingredients of demand and acceptance of bribe beyond reasonable doubt.
Allowing Criminal Appeal, Justice Sanjay Parihar set aside the 2004 conviction and sentence awarded by the Special Judge, Anti-Corruption Srinagar, in FIR No. 40/1986 registered by the Vigilance Organization Kashmir. The appellant had earlier been sentenced to rigorous imprisonment and fines under the Jammu & Kashmir Prevention of Corruption Act and Section 161 RPC.
The Court observed that mere recovery of tainted money and a positive phenolphthalein test are not sufficient to sustain a conviction unless the prosecution conclusively establishes demand and voluntary acceptance of illegal gratification. The complainant, who was the star witness, had turned hostile and categorically denied making any payment or alleging demand of bribe. Crucially, even the shadow witness failed to witness the actual exchange of money.
Reappreciating the entire evidence, the High Court held that the Trial Court erred in drawing presumptions against the accused without legally admissible proof. The Court relied on settled Supreme Court law that proof of demand is sine qua non for conviction in bribery cases and that suspicion, however strong, cannot replace proof.
Finding the prosecution case riddled with inconsistencies and unsupported assumptions, the Court granted the appellant the benefit of doubt, set aside the conviction and sentence, and ordered his acquittal. The appeal was accordingly allowed, and bail bonds discharged. (JNF) |
