Nithyakalyani Narayanan. V
The Chhattisgarh High Court overturned the sentence of a former Sub-Divisional Officer (SDO) who was sentenced for receiving a bribe of two hundred rupees in 1998.
The CBI received a complaint against the appellant, who was working as the then SDO of the Life Insurance Corporation (LIC) of India, that he requested Rs.200 to change broken telephone equipment. An FIR was filed against him and was taken into custody. As per Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, the trial court sentenced him to two years of harsh imprisonment and a fine of Rs. 2,000. He filed a complaint with the High Court.
The appellant argued that the money was taken from a peon, against whom the case was initially charged and that he confessed to the offence. However, the appropriate procedure as per Section 306 of the CrPC was not followed and hence he was acquitted.
The single-judge Bench remarked that the decision of the lower court, which held the accused guilty, was held without having any proper evidence. The court mentioned that the appellant had explained that he refused to take the money and it was compelled upon him. Justice Narendra Kumar Vyas concluded that the offence was not established as per the Prevention of Corruption Act.
Adv. Somnath Verma appeared for the appellant while Adv. Himanshu Pandey appeared for the CBI.
Name of the case: Shatrugan Lal Verma v. State of Madhya Pradesh
Bench: Justice Narendra Kumar Vyas