BENGALURU: An assistant engineer of the Bruhat Bengaluru Mahanagara Palike (BBMP) was acquitted in a graft case as the original device which recorded the conversation of ‘demand and acceptance of bribe’ was not sent to a lab for tests.
An FIR was registered against P Vanaraja, assistant engineer, Bommanahalli Sub Division of BBMP, by S Venugopal, an electrical contractor. Vanaraja had allegedly demanded and accepted illegal gratification of `50,000 from the complainant for permission to cut a road. During the cross-examination, S Neeru, Deputy Director of Truth Labs, told the court that she had examined the CDs that contained the conversation between the accused and another person. She found that the voice of the accused matched his sample voice. However, she said that the original device was not sent to her.
Noting this, Judge Sachin Kaushik, Lokayukta Special Court, said that Neeru’s evidence were not helpful for prosecution, as the report could not be believed without evidence from the original device. During the cross-examination, the complainant S Venugopal said he had taken a contract work at a school building in BTM Layout II Phase, where permission was required from the BBMP for road-cutting. However, he did not identify the accused and also denied the accused had demanded and accepted bribe of Rs 50,000.
“One of the mahazar witnesses said he saw the money kept on the table of Vanaraja, but he does not know who took the money. Hence, even his evidence, does not aid the prosecution,” the court said.
“This court has come to the conclusion that the prosecution has failed to prove guilt of the accused beyond reasonable doubt. The benefit of doubt is given to accused and hence the accused is acquitted,” the court said.