Over two decades after a police constable was caught accepting a bribe of Rs800 from a shopkeeper in Pune, the policeman on Friday was sentenced to suffer six months imprisonment by the Bombay High Court.
Justice Sadhana Jadhav convicted Shabbhir Shaikh, who demanded and accepted a bribe from the complainant, who ran an illegal shop from his rented premises in 1992.
The complainant alleged that the accused approached him in April 1992 alleging that he was selling liquor from his illegal shop. If he did not want a case to be registered then he would have to pay a bribe of Rs 1,000 to him. On further discussion the amount was settled to Rs 800.
The complainant — identified as Palraj Naidu — then approached the anti-corruption office and lodged a complaint. Based on his information a trap was laid inside the police station and the accused was arrested.
During the trial the prosecution examined six witnesses to bring home the guilt of the accused. However, the accused claimed that it was a case of mistaken identity and the amount was to be given to someone else.
The trial court in the year 1995 sentenced Shaikh to suffer rigorous imprisonment of one year, which came to be challenged before the high court.
Dismissing Shaikh's defence, the court said: "This submission is devoid of any substance as there is no evidence to that effect. There is no suggestion in the cross examination some that police officer had demanded the amount and it was given to the accused to pay it to the third person. However, there is cogent and convincing evidence to the effect that in the police station the dialogue between accused and complainant was to the extent that accused had specifically asked the complainant as to whether he brought the amount as per instructions give a day prior."
The court, accordingly, held that the appeal is filed in the year 1995 and is being hearing after a lapse of 20 years. The accused is a senior citizen, lost all his pension benefits. The sword of damocles was hanging upon his head for the past 23 years since the incident. In view of this, the sentence deserves to be modified and reduced to six months. The court directed the accused to surrender before the trial court.
