Mumbai: While quashing conviction under the Prevention of Corruption Act, the Bombay High Court (HC) observed that although “corruption is spreading like cancer” and the common man has to bear the brunt of the same, a public servant “cannot be convicted on the basis of morals and ethics”.
Justice SD Kulkarni of the Aurangabad bench of the HC quashed the conviction of Sayaji Kawade – a sub-divisional engineer in the Department of Telecommunications (DoT) at Aurangabad – observing: “Corruption is spreading like cancer in our great nation. The disease of corruption has been with us for a long time. The common man is facing this rampant corruption, but a person for the charges of corruption under the Act cannot be convicted on moral and ethics.”
The judge also noted that the prosecution failed to prove basic requirements under the Prevention Of Corruption Act (PC Act) – of demand and acceptance of bribe – beyond reasonable doubt. “When the law provides certain mandatory requirements for proving offence, no shortcut is permitted. In the result, the appeal succeeds,” said the HC. The HC was hearing an appeal filed by Kawade challenging his June 2005 conviction by a special judge trying cases under the PC Act.
According to the prosecution, Devidas Mohite had applied for the installation of an STD / PCO booth at Aurangabad. After spot inspection, Kawade refused to give a connection on account of a change of site. Later, Anil Agrawal, an STD machines dealer informed Mohite that he had to pay Rs 2,000 to install the STD booth at the same premises.
Devidas then approached the Anti-Corruption Bureau (ACB) and a trap was laid, after which one Rs 2,000 note which had anthracene powder was found in Kawade's sock.
Kawade's counsels, RN Dhorde and VR Dhorde, argued that the complainant, Mohite, and the panch witness (witness who is present at the spot when evidence is marked at the spot of the incident) did not support the prosecution's case. Also, there was no direct demand made by Kawade.
However, additional public prosecutor SP Deshmukh opposed the appeal stating that though witnesses had turned hostile, their evidence needs to be examined as a whole and whatever part of the evidence is found reliable can be accepted.
Dismissing the prosecution's arguments, the HC said: “It is clear just like daylight that the prosecution has miserably failed to prove the basic legal requirement of demand and acceptance of bribe as contemplated under (the PC Act)...” The court also took note of the fact that the witnesses have not supported the basic legal requirement of demand and acceptance of a bribe by Kawade. The HC quashed Kawade's conviction and acquitted him of all charges.
