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Rajsthan: A retired clerk, who was booked 44 years ago for taking an amount of ₹150 as bribe, was acquitted by the Rajasthan High Court last week [Hari Narayan vs State of Rajasthan].
Single-judge Justice Narendra Singh Dhadda said that the prosecution only recovered the alleged tainted amount but failed to prove the demand of bribe.
“As per the story of prosecution, ₹150 was given by complainant to the appellant but prosecution failed to prove the demand and acceptance of the bribe. Only recovery of money could not be a ground to consider it as a bribe,” the Court said in the order passed on February 13.
It, therefore, set aside the conviction and three months imprisonment imposed on the appellant, Hari Narayan.
As per the prosecution case, the complainant, a resident of Dhani Rajwali Tehsil Neem Ka Thana, had purchased a tractor on May 2, 1979 but it was registered in his father’s name.
He visited the District Transport Office (DTO) at Sikar, where the appellant was working as a clerk, to get the registration of his tractor changed.
The complainant alleged that the appellant had demanded ₹150 as bribe (₹50 each for himself and his colleagues Ashok Jain and Moolchand).
He was convicted by the trial court in 1985 for offences under Section 161 of the Indian Penal Code and Sections 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act.
On appeal, the bench noted that the investigating officer deliberately left out Ashok Jain and Moolchand and booked only the appellant.
It also added that the lacuna in the probe was also noted by the trial court in its order convicting appellant on January 28, 1985.
“So, in my considered opinion, the trial court wrongly convicted the appellant under Section 161 IPC and Sections 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947. Hence, the judgment and order of the trial court deserves to be set aside,” the High Court opined.
With these observations, the bench quashed the trial court’s judgment.
Advocates Mahesh Gupta, SS Sharma and Priyanshi Katta appeared for the Appellant.
Public Prosecutor Chandragupt Chopra represented the State.
