CUTTACK: Orissa High Court on Monday acquitted a doctor who was convicted for accepting a bribe of Rs 300 from a patient by a special vigilance court 16 years back. The state Vigilance had registered a case against Dr Pradeepta Kumar Praharaj, an assistant surgeon at the government hospital at Khatiguda in Nabarangpur district after seizing from his office table Rs 300 allegedly received by way of illegal gratification from a patient on September 14, 1998.
After the consequent trial, Special Judge (Vigilance), Berhampur found Dr Praharaj guilty of demanding and accepting the bribe and sentenced him to rigorous imprisonment for six months along with a fine of Rs 1,000 fine on March 22, 2007.
In the same year, Dr Praharaj had filed a criminal appeal against it in the high court and has since been out on bail. Justice SK Sahoo quashed the trial court’s verdict saying, “There is no sufficient, cogent and reliable evidence available on record to establish the guilt of Dr Pradeepta Kumar Praharaj. In the absence of any clinching evidence relating to the demand and acceptance of the bribe money by the appellant, no guilt can be fastened upon him in a callous manner”.
He stated, “The reasoning assigned by the trial court is faulty and genuine material evidence available on record in favour of the appellant has been overlooked and it appears that the impugned judgment is one-sided in favour of the prosecution.” The judge further said, “In the circumstances, since the guilt of the appellant has not been established beyond all reasonable doubt, I am constrained to give benefit of doubt to the appellant. In the result, the impugned judgment and order of conviction of the appellant and the sentence passed thereunder is hereby set aside and he is acquitted of all the charges.”
He added, “Law is well settled that mere recovery of the bribe amount from the accused is not sufficient to fasten guilt, in the absence of any evidence with regard to demand and acceptance of the amount as illegal gratification.”