Mumbai: HC Upholds Acquittal Of Govt Medical Officer Accused Of Taking ₹100 Bribe In 2007

An amount of ₹100 seems to be too small as a bribe in the year 2007, as well as in 2023, observed the Bombay High Court, while upholding acquittal of a government medical officer for allegedly taking a bribe from a patient for issuing a medical certificate.

Hence, it was a fit case to be treated as a “trivial” matter, Justice Jitendra Jain said while upholding the doctor's acquittal.

High Court Affirms Doctor's Acquittal

“In the instant case, the allegation is acceptance of a bribe of Rs 100/- in the year 2007. The amount appears to be too small in the year 2007 and more so, in the year 2023 when the appeal is being heard against the acquittal,” Justice Jain observed.

“Therefore, assuming that the appellant-complainant is able to prove the charges (although, I have already held that they have failed to prove the charges), in my view after considering quantum at the relevant time this could be a fit case to be treated as a trivial matter to uphold the acquittal order,” the judge added.

Prevention of Corruption Act Section 20(3)

The high court said that section 20(3) of the Prevention of Corruption Act states that if the alleged bribe of gratification is trivial, then no inference of corruption may be drawn and the court may refuse to presume that the accused is corrupt.

The judge then opined that the alleged gratification in the present case was trivial and agreed with the trial court's decision to acquit the medical officer.

The HC was hearing an appeal filed by the State against one Dr Anil Shinde, who was appointed as a medical officer in September 1995 by the government. He was posted at a rural hospital in Paud in Pune district.

The 2007 Case Involving Dr. Anil Shinde and Laxman Pingale

Laxman Pingale claimed that in 2007, the doctor demanded Rs 100 for issuing a medical certificate to certify his injuries. The doctor had treated his wounds.

Pingle then lodged a complaint with the Anti-Corruption Bureau (ACB) and a trap was laid on February 20, 2007. The ACB allegedly caught the medical officer in the act and registered a case against him.

On January 31, 2012, the special judge acquitted Shinde of all charges which was challenged by the State.