BENGALURU: The credit of the amount through the PhonePe account of accused, Senior Social Security Assistant S Prasanna, Employees Provident Fund Organisation (EPFO), from the PhonePe account of six provident fund beneficiaries for processing their applications online, is nothing but possession of illegal gratification, ruled the Special Court for the CBI Cases while sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs 1 lakh.
“Unlike other cases filed under Section 7 and 8 of the Prevention of Corruption Act, the present case involves transfer of illegal gratification through PhonePe account. Recovery of tainted amount from the accused is proved by the prosecution beyond reasonable doubt”, said Judge Satish J Bali.
The judge said that the quantum of illegal gratification does not play a pivotal role. Merely because the accused was drawing a handful salary, it cannot be ruled out that he was not in the habit of accepting illegal gratification, as his statement of account fortifies the credit of illegal gratification from provident fund claimants, who are the accused nos. 2 to 7.
The judge noted that Prasanna, when he received a message as soon as any amount is credited to his PhonePe Account on mobile, he ought to have made an enquiry and returned the said amount. But, the same has not been done. Once the amount is found in his account through PhonePe, it is nothing, but he was found in possession of the amount and the burden shifts on him to explain the circumstances to prove his innocence as contemplated under
Section 20 of the Prevention of Corruption Act. He had an opportunity to explain the circumstances when he was examined under Section 313 of CrPC, but he denied the same and has not offered any explanation, the court said.
Prasanna, attached to EPFO, Regional Office, Bengaluru, is residing at Tumakuru. The CBI chargesheeted seven accused persons under Section 7 and 8 of the Prevention of Corruption Act, based on the source report and outcome of a joint surprise check conducted at EPFO, Regional Office in Tumakuru, on April 12, 2022, resulting in the registration of the First Information Report on June 30, 2022.
Prasanna, between 2021 and 2022, allegedly demanded bribes Rs 500 to 2,000 for processing pending claims and settlements of provident fund. Accordingly, after the settlement, the beneficiaries used to transfer the demanded bribe to his account in a nationalised bank which was linked with PhonePe UPI ID.
