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Bribe demand by govt staff must for conviction: HC

Also, if the complainant “offered” money without demand at the time of trap, the accused will get the benefit of the doubt, it added.

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For a public servant to be convicted under the Prevention of Corruption (PC) Act, there first has to be a demand made by the accused, coupled with a voluntary payment of bribe by the complainant, ruled the Bombay high court. Also, if the complainant “offered” money without demand at the time of trap, the accused will get the benefit of the doubt, it added.

Justice AP Bhangale of the Nagpur bench of the Bombay HC acquitted Yuvraj Selokar, 49, a senior clerk in the court of judicial magistrate first class at Aheri in Gadchiroli, more than seven years after his arrest for allegedly accepting Rs300 for producing case papers in court.

Selokar had challenged the June 18, 2008 sessions court order, convicting him under the PC Act and sentencing him to one year’s RI.

The case relates to the arrest of one Kailash Sharma’s driver for offence under the Motor Vehicle Act and was to be produced before the magistrate at Ahire.  On January 28, 2005, he was produced before the magistrate at the Sironcha court as the magistrate at Ahire was on leave.

When the matter was kept for hearing on January 30, 2005, the drivers’ case papers were not produced before the Sironcha court. Upon Sharma’s enquiry, a peon told him that the case papers were not produced as Selokar ahd not been bribed. Sharma then went to Selokar’s house, where the latter allegedly demanded Rs300. He then approached the anti-corruption bureau and got Selokar arrested.

However, during cross-examination, Selokar’s advocate VN Morande proved it was Sharma who asked Selokar to do his work (produce papers in court) and accept the amount.

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