CUTTACK: A public servant convicted six years ago for allegedly taking bribe was acquitted after the Orissa High Court on Wednesday found that the prosecution had failed to give proof of demand of illegal gratification.
The prosecution story was that Rajiv Ranjan while working as tax assistant in an income tax office in Rourkela had allegedly taken Rs 8,000 for processing the refund claim of an income tax assessee on March 12, 2012.
The Court of Special Judge (CBI) had convicted him for the offence of taking bribe and sentenced to one year imprisonment on June 18, 2016. He had filed a criminal appeal in the same year and was released on bail by an order of the high court.
While setting aside the trial court’s conviction order, Justice Sahoo said, “Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, is outside the proof of demand, and by that very fact would thus not be sufficient to bring home the charge of taking bribe.”
“Hence, as a corollary, failure of the prosecution to prove the demand for illegal gratification and mere recovery of the amount from the person of accused of the offence of taking bribe would not entail his conviction thereunder,” Justice Sahoo ruled.