Nagpur: In a significant ruling, the Special Court for Prevention of Corruption Act cases, presided over by Judge Rajesh S Pavaskar, has acquitted Susham Jadhav, the Secretary of the Gram Panchayat in Tarodi/Bidgao, and Prakash Dakhode, a peon, of graft charges under sections 7, 12, 13(1)(d) read with 13(2) of the Act.
Allegations and Prosecution’s Case
The prosecution alleged that the complainant and a friend, who owned plots within the jurisdiction of Bidgao Grampanchayat, needed a No Objection Certificate (NOC) from the grampanchayat to sell their plots. The complainant claimed that Jadhav demanded ₹14,000 but issued a receipt for only ₹2,000. Additionally, Jadhav allegedly demanded ₹40,000 for each plot to issue the NOC. Refusing to pay the bribe, the complainant reported the matter to the Anti-Corruption Bureau (ACB).
Following the complaint, the ACB conducted a verification procedure. The complainant, equipped with a digital voice recorder, met Jadhav in the presence of a Panch witness. The ACB claimed that the demand for the bribe was recorded and verified, leading to the preparation of a verification panchanama. Subsequently, ₹35,000 in phenolphthalein-coated currency notes were handed over to the complainant to be given to Jadhav. According to the prosecution, Jadhav accepted the bribe and handed it to Dakhode, who was apprehended by ACB officials outside the office with the tainted money.
Defense’s Argument
The defense argued that the accusations were fabricated. They claimed the demand for ₹40,000 per NOC was based on a resolution passed by the grampanchayat, which required such payments. The defense stated that after receiving ₹35,000 from the complainant, Jadhav handed the money, along with another ₹50,000 received for the grampanchayat, to Dakhode to deposit in the bank. The defense further asserted that ACB officials suppressed the grampanchayat resolution and the bank deposit slip, tampered with the voice recordings, and manipulated the evidence to falsely implicate Jadhav and Dakhode.
Court’s Decision
After considering the arguments, the Special Court acquitted Jadhav and Dakhode of all charges. The court noted the inconsistencies and the lack of credible evidence in the prosecution’s case.
Advocate Prakash Naidu represented the accused.
This ruling underscores the importance of thorough and unbiased investigations in corruption cases, highlighting the need for transparency and due process in the judicial system.
