The Delhi High Court has acquitted a former Section Officer in the Directorate General of Audit in a 33-year-old bribery case. The court ruled that the prosecution failed to establish the crucial element of “demand” for illegal gratification under the Prevention of Corruption Act. This decision overturned the conviction and sentence imposed in 2002.
Tej Narain Sharma, the appellant, was convicted in November 2002 for offenses under the Prevention of Corruption Act and sentenced to two years of rigorous imprisonment plus a fine of Rs 15,000. However, the Delhi High Court had suspended his sentence in December 2002. The case stemmed from a 1992 incident where a complaint alleged a demand of Rs 20,000 as a bribe during an excise audit of a private firm.
The court emphasized that mere recovery of tainted currency notes during a raid was insufficient to support a conviction. Justice Ohri stated that proof of demand is essential for a conviction under the relevant sections of the PC Act. The court highlighted that the prosecution consistently claimed that the initial bribe demand was made by Audit Officer R.N. Arora, not the appellant.
The judgment questioned why no criminal proceedings were initiated against Arora if he made the initial demand. It criticized the prosecution’s handling of the case, noting inconsistencies and a lack of proper application of mind in the sanction for prosecution. The Delhi High Court ultimately acquitted the appellant of all charges, revoked his bail bonds, and discharged the sureties.
