Nagpur: In a significant ruling, Additional District and Sessions Judge Smt. H.C. Shende acquitted Prashant Ram of all charges under Sections 7, 13(1)(d), and 13(2) of the Prevention of Corruption Act. The case stemmed from allegations made by a student who accused Ram of demanding a bribe to pass him in practical examinations.
Following the complaint, the Anti-Corruption Bureau (ACB) of Nagpur initiated a trap operation, during which it was claimed that the accused was caught accepting illegal gratification. The operation involved the use of a Digital Voice Recorder, and two panch witnesses were summoned. According to the prosecution, both the demand and acceptance of the bribe were recorded and corroborated during the trap, leading to the filing of a chargesheet and examination of seven witnesses.
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20 May 2025
However, defense counsel Advocate Prakash Naidu, representing Prashant Ram, argued that the prosecution failed to comply with mandatory procedures concerning electronic evidence as outlined in the Criminal Manual. He pointed out that the prosecution could not prove the authenticity of the digital recordings, memory cards, or transcripts allegedly capturing the bribe demand.
Naidu further argued that the electronic evidence could not be relied upon for conviction, citing multiple Supreme Court rulings on the admissibility and reliability of such materials. He emphasized that the prosecution’s case was riddled with contradictions, discrepancies, and inconsistencies in the testimonies of its own witnesses, undermining the overall credibility of their claims.
The defense also contended that the legal presumption of guilt under the Prevention of Corruption Act applies only when the prosecution successfully establishes its case. In the absence of conclusive evidence and with the prosecution’s failure to substantiate its allegations, no such presumption could arise.
After considering the arguments and evaluating the evidence, the court found the prosecution’s case insufficient and acquitted Prashant Ram of all charges.
The accused was represented by a legal team comprising Advocate Prakash Naidu, Homesh Chauhan, Mitesh Bais, Surabhi Godbole Naidu, and Dhruv Sharma.
