The Chhattisgarh High Court has cleared an 83-year-old former bill assistant for the Madhya Pradesh State Road Transport Corporation (MPSRTC), almost four decades after he was accused of taking a bribe of ₹100. This ruling overturns his previous conviction by a lower court in 2004.
In his verdict on September 9, Justice Bibhu Datta Guru of a single-judge bench ruled that the prosecution had failed to prove the demand and acceptance of illegal payment, making the conviction and proceedings "unsustainable."
The case originated on October 24, 1986, when a complaint was filed with Lokayukta by Ashok Kumar Verma, who alleged that the bill assistant, Jageshwar Prasad Awadhiya, had demanded ₹100 to process his pending bill for arrears. In a sting operation the next day, a Lokayukta team caught Awadhiya with two marked ₹50 notes, which tested positive for phenolphthalein powder.
On December 9, 2004, the trial court convicted Awadhiya under the Prevention of Corruption Act, 1988, sentencing him to one year in prison and a fine of ₹1,000.
Awadhiya's counsel, Keshav Dewangan, appealed the conviction in the High Court, arguing that his client had been falsely implicated. He stated that Awadhiya had told the complainant that the bill could only be processed with approval from a higher authority, which was only granted weeks after the alleged bribe. The High Court noted that the order for the arrears to be prepared was not received until November 19, 1986, which was after the alleged date of the offence, proving that Awadhiya could not have released the payment himself.
The counsel also pointed out that the case, while initiated under the old Prevention of Corruption Act, 1947, was prosecuted under the 1988 Act, which he argued was a flaw.
The state opposed the appeal, but after considering both arguments, the High Court found the evidence to be insufficient and acquitted Awadhiya of all charges.
"The failure of the prosecution to prove the demand and acceptance of illegal gratification renders the proceedings unsustainable," the High Court's order stated. "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."
Speaking to reporters, Awadhiya welcomed the High Court's decision but said that "justice delayed is justice denied." He added that he was too old to fight any further and asked the government to provide him with a pension.
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