Rajasthan High Court acquitted an ex-clerk, who was accused of taking Rs. 150 as a bribe, 44 years ago. In the case of Hari Narayan v. State of Rajasthan, Justice Narendra Singh Dhadda, observed that mere recovery of the amount from the accused does not prove the demand for a bribe.
In the instant case, the complainant had alleged that at the District Transport Office (DTO), the accused was the clerk. For changing the registration of the complainant tractor, the appellant demanded Rs. 150 (Rs.50 for himself and 100 for his friends). He was convicted by the trial court in 1985 for offences under Section 161 of the Indian Penal Code and Sections 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act.
The HC also observed that “the investigating officer deliberately left out Ashok Jain and Moolchand and booked only the appellant.So, in my considered opinion, the trial court wrongly convicted the appellant under Section 161 IPC and Sections 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act, 1947. Hence, the judgment and order of the trial court deserves to be set aside,”