Rs 100 bribe seems too small: Bombay HC relief to medical officer accused in bribery case
The Bombay High Court dismissed a state government's appeal and upheld a trial court's acquittal of Dr. Anil Shinde, a medical officer, over a Rs 100 bribery allegation from 2007, deeming the amount as ''trivial.'' The court referenced the Prevention of Corruption Act, stating that minor bribes might not necessarily suggest corruption.
Mumbai: Noting that an amount of Rs 100 seems to be ''too small'' as a bribe in the year 2007 and more so now, the Bombay High Court recently gave relief to a govenrment medical officer who was facing corruption and bribery charges
A single bench of Justice Jitendra Jain on Tuesday said it was a fit case to be treated as a trivial matter and upheld the trial court order acquitting the medical officer, acquitting a government medical officer in a corruption and bribery case.
The case goes back to the year 2007, when one L T Pingale accused Dr Anil Shinde, the medical officer of a rural hospital at Paud in Maharashtra’s Pune district, of seeking Rs 100 to certify his injuries following an alleged assault by his nephew.
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Pingale complained to the Anti-Corruption Bureau, which laid a trap and caught Shinde red-handed. He was prosecuted under provisions of the Prevention of Corruption Act.
In January 2012, a special court acquitted Shinde of all charges which was challenged by the state in the HC.
The high court, however, found no merit in the state’s appeal.
“In the instant case, the allegation is acceptance of a bribe of Rs 100 in the year 2007. The amount appears to be too small in the year 2007 and more so, in the year 2023 when the appeal is being heard against the acquittal,” the bench said in its order.
“Therefore, assuming that the appellant-complainant is able to prove the charges (although, I have already held that they have failed to prove the charges), in my view after considering quantum at the relevant time this could be a fit case to be treated as a trivial matter to uphold the acquittal order,” it said.
The bench relied on certain provisions of the Prevention of Corruption Act that if the alleged bribe of gratification is trivial, then no inference of corruption may be drawn and the court may refuse to presume that the accused is corrupt.
The high court dismissed the state government’s appeal.
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