Cuttack: The Orissa high court has acquitted a doctor, who was convicted in a bribery case and sentenced to six-month in jail by a special vigilance court about 16 years ago.
“There is no sufficient, cogent and reliable evidence available on record to establish the guilt of Dr Pradeepta Kumar Praharaj. In the absence of any clinching evidence relating to the demand and acceptance of the bribe money by the appellant, no guilt can be fastened upon him in a callous manner,” Justice S K Sahoo observed in his order on Monday.
The Vigilance had registered a case against Dr Praharaj, then an assistant surgeon at the government hospital at Khatiguda in Nabarangpur district, after Rs 300, allegedly received as bribe from a patient, was recovered from his office on September 14, 1998. The special judge (vigilance), Berhampur, found him guilty of demanding and accepting the bribe and sentenced him to rigorous imprisonment for six months with a fine of Rs 1,000 fine on March 22, 2007. Dr Praharaj had filed a criminal appeal against the sentence in the high court the same year. He has ben out on bail since then.
Justice Sahoo further said, “The reasoning assigned by the trial court is faulty and genuine material evidence available on record in favour of the appellant has been overlooked and it appears that the impugned judgment is one-sided in favour of the prosecution.”
“In the circumstances, since the guilt of the appellant has not been established beyond all reasonable doubt, I am constrained to give benefit of doubt to the appellant. The law is well settled that mere recovery of the bribe amount from the accused is not sufficient to fasten guilt, in the absence of any evidence with regard to demand and acceptance of the amount as illegal gratification,” he added.
