Shibu Thomas, TNN Jun 10, 2012
MUMBAI: Surging inflation in the past 14 years could not save a government officer and his peon from jail for taking bribes, as the Bombay high court threw out their plea that the amount of Rs 150 was trivial and thus they should not be convicted on corruption charges.
"This court has no hesitation to observe that the amount involved, Rs 150, was not a trivial amount as it was demanded and accepted in 1998. In those days, ordinary labour was getting hardly Rs 30 per day as wages," said Justice T V Nalawade, upholding the conviction of Ramrao Kale (48), a sub-registrar, and Shivrao Deshmukh, the peon. The court held that the trial court was right in sentencing the duo to two years in jail.
150 bribe sought for property deal
The accused had refuted the bribe accusation, claiming that the money was donated by complainant Subhas Murthe for the Flag Fund and for buying Indira Vikas Patra. In their defence, they produced a receipt for Rs 50 for the Flag Fund. But the court ruled it was fake.
Murthe, who had gone to register a property sale deed at the office of the sub-registrar in Jalgaon on April 6, 1998, was asked to cough up Rs 150 to get the job done even after paying the registration charges and getting the documents stamped. Murthe told officer Kale and Deshmukh that he did not have the money on him and would return with it the next day.
He immediately approached the anti-corruption bureau, which laid a trap. The duo was literally caught red-handed accepting the bribe after a dye secretly put on the notes that Murthe gave them was found on Deshmukh's hands and shirt pocket. Upholding the trial court ruling, the HC cautioned the government against keeping officers in the same post even after bribe allegations have been levelled against them.
"The circumstances show that the accused misused his position and created the (Flag Fund) record after the date of trap. It is unfortunate that the competent authority does not take necessary steps when a trap becomes successful. In such cases, it is always desirable to immediately suspend the employee or (ensure) charge of work is handed over to some other person for some time," said Justice Nalawade. The court added that once charges of illegal gratification were established, the burden of proving it was not a bribe was on accused.
http://articles.timesofindia.indiatimes.com/2012-06-10/india/32155156_1_bribe-peon-trial-court
