Appellant Mahesh Chand found guilty of accepting bribe; sentenced to rigorous imprisonment under IPC and Prevention of Corruption Act.
In a significant ruling, the Allahabad High Court has upheld the conviction of Mahesh Chand, a former Lekhpal in the Consolidation Department, for accepting a bribe. The court dismissed his appeal against the judgment of the Vth Additional Sessions Judge, Kanpur, which had sentenced him to rigorous imprisonment for one year under Section 161 of the Indian Penal Code (IPC) and Section 5(2) of the Prevention of Corruption Act, 1947.
The judgment, delivered by Justice Sanjiv Kumar, confirmed that Mahesh Chand was caught red-handed accepting a bribe of Rs. 300 from Virendra Singh. This illegal gratification was intended to sway consolidation proceedings in Singh's favor. The trap, orchestrated by the Vigilance Department following a complaint by Singh's son, Jai Vijai Singh, resulted in the recovery of marked currency notes from Chand.
The court meticulously examined the evidence, including testimonies from members of the vigilance team and public witnesses present during the operation. Despite arguments from the defense challenging the credibility of the prosecution's witnesses and the improbability of accepting a bribe in a public setting, the court found the evidence consistent and credible.
The defense's claim of false implication, allegedly motivated by a desire to manipulate consolidation proceedings, was rejected by the court. It noted the absence of any substantial evidence to support such a conspiracy theory. The court also addressed the non-examination of Virendra Singh, citing his mental incapacity as a valid reason, and affirmed that the prosecution's case was sufficiently supported by other witnesses.
The judgment is a reminder of the judiciary's steadfast commitment to upholding integrity and accountability within public offices. It underscores the importance of reliable and robust prosecution processes in corruption cases.
Mahesh Chand has been directed to surrender before the trial court within four weeks to serve the remainder of his sentence. The court's decision reinforces the message that public servants engaging in corrupt practices will face stringent legal consequences.
Bottom line:-
Demand and acceptance of bribe by a public servant constitutes an offense under Section 161 IPC and Section 5(2) of the Prevention of Corruption Act, 1947. Prosecution's burden is to prove the case beyond reasonable doubt with reliable evidence, even if the complainant is unable to testify due to valid reasons.
Statutory provision(s):
Indian Penal Code, 1860 Section 161; Prevention of Corruption Act, 1947 Section 5(2); Criminal Procedure Code, 1973 Section 313, Section 374(2), Section 207.
Mahesh Chand v. State of U.P., (Allahabad) : Law Finder Doc id # 2935743
