Convicted for taking Rs 100 bribe, HC acquits octogenarian ex-MPSRTC staffer in 39-year-old case
Bilaspur (PTI): The Chhattisgarh High Court has acquitted an 83-year-old former bill assistant of the Madhya Pradesh State Road Transport Corporation (MPSRTC), nearly four decades after he was caught allegedly accepting a bribe of Rs 100, setting aside his conviction in the case in 2004 by a lower court.
The high court said the prosecution failed to prove the demand and acceptance of illegal gratification, thereby rendering the conviction in the case and proceedings "unsustainable".
A single bench of Justice Bibhu Datta Guru delivered the verdict on September 9 over an appeal filed by Jageshwar Prasad Awadhiya, challenging his conviction by the lower court.
As per the HC order, on October 24, 1986, one Ashok Kumar Verma had lodged a complaint before Lokayukta, alleging that Awadhiya, who was then a bill assistant with MPSRTC, demanded Rs 100 for clearing his pending bill of arrears for his service period 1981-85.
Acting on a complaint, a Lokayukta trap team marked two Rs 50 notes with phenolphthalein powder and handed them to Verma, directing him to give them to Awadhiya. The next day, Awadhiya, a resident of Purani Basti area in Raipur, was subsequently caught with the tainted notes, which tested positive in a chemical examination.
On December 9, 2004, the trial court convicted Awadhiya under Sections 7 and 13(1) (d) of the Prevention of Corruption Act, 1988 and sentenced him to one year imprisonment and imposed a fine of Rs 1000.
Awadhiya challenged the order in the HC.
His counsel Keshav Dewangan in the HC argued that he had been falsely implicated in the case, stating that he had informed the complainant (Verma) that the bill payment could only be processed after the higher authority's approval, which was granted weeks after the alleged demand date.
The complainant requested for payment on October 24, 1986, whereas the order for preparation and approval of the arrears was received from the higher authority only on November 19, 1986, demonstrating that the appellant was not competent to release the amount on the date of the request, Dewangan submitted.
His counsel further contended that the prosecution failed to prove any demand for illegal gratification and that the case was flawed as it was initiated under the old Prevention of Corruption Act, 1947, but prosecuted under the 1988 Act.
The state opposed the appeal and supported the conviction.
After hearing the two sides, Justice Bibhu Datta Guru, allowed the appeal and acquitted the accused of all charges.
After considering both sides, the high court held that the prosecution's evidence was insufficient to sustain the conviction. It quashed the trial court's order and acquitted Awadhiya of all charges.
"The failure of the prosecution to prove demand and acceptance of illegal gratification renders the proceedings unsustainable. The charges against the appellant (Awadhiya) are, therefore, not proved. In light of the foregoing, the prosecution has failed to discharge its burden of proof. The evidence, whether oral, documentary or circumstantial, falls short of establishing the essential ingredients of the alleged offence of bribery. The conviction recorded by the trial court is therefore unsustainable," the HC order said.
The conviction and sentence of the appellant under the aforementioned provisions are hereby set aside, and the appellant stands acquitted of all charges, it added.
The HC in its order also noted, "In view of saving clause under Section 30(2) of the Prevention of Corruption Act, 1988, the action taken under the Prevention of Corruption Act, 1947 will be deemed valid under the new Act of 1988 provided that they are not inconsistent with the provisions of the new Act, 1988."
Talking to reporters, Awadhiya welcomed the HC order, but said, "Justice delayed is justice denied."
He said he cannot fight further and urged the government to provide him a pension facility.
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Putin meets Iran's FM Araghchi, says Russia ready to do its best to help bring peace to West Asia
Moscow (PTI): Iran's Foreign Minister Abbas Araghchi on Monday met Russian President Vladimir Putin, who hailed the Iranian people for fighting bravely and heroically for their sovereignty and said Moscow is ready to do its best to help bring peace to West Asia as soon as possible.
Araghchi, who held talks with Omani and Pakistani leadership before arriving in Russia, met Putin in St. Petersburg and thanked him for supporting Iran, state-owned TASS news agency reported.
"Russia is ready to do everything in its power to ensure that peace in the Middle East is achieved as soon as possible," Putin said during his meeting with Araghchi, which was also attended by Russian Foreign Minister Sergey Lavrov.
Revealing that he received a message from Iranian Supreme Leader Mojtaba Khamenei last week, Putin asked Araghchi to convey his "gratitude for this message and best wishes for his health and well-being."
He praised the Iranian people for fighting "bravely and heroically" for their sovereignty, Iran's state-run PRESS TV reported.
"We really hope that, based on the courage and desire for independence, the Iranian people, under the guidance of the new leader, will weather this difficult period of trials and peace will come,” Putin said.
He also stressed that Russia “intends to maintain” its strategic relations with Iran.
Araghchi said that the world witnessed Iran’s strength in countering the US during the recent war, and that the Islamic Republic is a "stable and powerful establishment."
"With their courage, the Iranian people succeeded in resisting the US aggression and will be able to endure it,” he said.
He said that it became clear that Iran has “great friends and allies” like Russia, and conveyed “warmest greetings” from Supreme Leader Mojtaba Khamenei and President Masoud Pezeshkian to the Russian leader.
Araghchi said relations between Moscow and Tehran represent a “strategic partnership at the highest level” and will continue to develop "regardless of circumstances."
"We are grateful to you for the solid and strong positions in support of the Islamic Republic of Iran," he said.
Foreign Minister Lavrov said that the talks between President Putin and the Iranian Foreign Minister were "useful and constructive."
Kremlin Spokesman Dmitry Peskov later said that Russia is "ready to provide any good offices, any mediation services that are acceptable to the parties."
"We will be ready to do everything so that ultimately peace ensues, guaranteed peace, and that there is no return to hostilities," Peskov was quoted as saying by TASS.
He was asked how Moscow can assist in future negotiations on the Iranian settlement.
Araghchi arrived in Russia after his whirlwind trip to Islamabad, which, according to him, was “very productive” and involved “good consultations" with Pakistan's Army Chief Field Marshal Asim Munir, amid uncertainty over the second round of peace talks to resolve the war in West Asia.
"We held good consultations with our friends in Pakistan. The trip was successful. We assessed the outcome of our recent (meetings) and discussed in what direction and under what conditions talks can move on,” Araghchi said in a video posted on his Telegram channel upon his arrival in St Petersburg.
Referring to the second round of talks between the US and Iran to resolve the conflict in West Asia, Araghchi said: "Developments have taken place in the negotiations."
"Despite some progress in earlier rounds, the talks failed to reach their objectives due to the Americans' approach, the excessive demands they made, and the wrong approaches they adopted. Therefore, it was necessary to consult with our friends in Pakistan to review the latest situation,” Iran's official news agency IRNA quoted him as saying.
He said that the trip to Pakistan was a good opportunity to review developments related to the US-Israeli war against Iran, expressing confidence that “these consultations and coordination between the two countries will be highly significant.”
Araghchi arrived at St. Petersburg's Pulkovo Airport early Monday, where he was welcomed by Russian officials and Iran’s ambassador to Russia, Kazem Jalali, the report said.
The first round of peace talks between Iran and the US, held on April 11 and 12, failed to bring the desired result for the parties to the conflict.
The Iranian minister arrived in Islamabad for the second time on Sunday after a short visit to Oman, where he held talks with Sultan Haitham bin Tariq al-Said on security in the Strait of Hormuz and diplomatic efforts to end the Iran-US conflict.
After Araghchi left Pakistan for Oman on Saturday, President Donald Trump announced that US negotiators Steve Witkoff and Jared Kushner would no longer be going to Islamabad for talks with Iran, contending that Washington held all the cards on the matter.
Trump on Sunday reiterated that the US and Iranian officials can talk by phone for a peace solution to the conflict.
On Tuesday, Trump extended the two-week ceasefire with Iran indefinitely to give Tehran more time to prepare a unified proposal to end the war, just hours before the truce was set to expire.
The war began when the US and Israel jointly attacked Iran on February 28, killing Iranian Supreme Leader Ayatollah Ali Khamenei and several top commanders. The retaliation by the Islamic Republic extended the war to the entire Gulf region.
