Citizens' Issues
Corrupt public servant deserves no sympathy says High Court

The High Court, while ruling out any leniency towards public servant who has been found guilty by the trial court, also made it clear that each of the criminal case is required to be decided with reference to the individual facts of each case

Nagpur: Declaring unequivocally that no leniency or sympathy could be shown towards corruption by public servants, the Bombay High Court has made it clear that wrong acquittal would send a wrong signal to the society, reports PTI.

 

Dismissing a case of Balim Ghodki, an official of Khadi Gram Udyog Mahamandal who was caught red-handed while accepting bribe, Justice AP Bhangale of the Nagpur bench rejected the request to set aside his conviction since the man died during the pendency, with a terse observation, "I cannot persuade myself to agree with this contention when offence of corruption is proved by sufficient evidence beyond reasonable doubts."

 

"The Court cannot apply a blanket formula to acquit the accused by giving benefit of doubt to him for the reason that the legal heirs would be benefited if appeal is allowed by giving benefit of doubt to the deceased accused," Justice A P Bhangale noted.

 

"Court cannot be swayed away by sympathy, emotions or moral approach when in the facts and circumstances of the case no benefit of doubt can be granted, merely with reference to some cases where in the Apex Court may have granted benefit of doubt in some cases continued by legal representatives.

 

The High Court also made it clear that each of the criminal case is required to be decided with reference to the individual facts of each case which may be different or distinguishable from other case.

 

Witnesses in the present case appeared natural and truthful. Their evidence cannot be rejected because no guilty man shall be allowed to go unpunished or escape the consequences of the crime committed, it said.

 

The instant appeal was filed by legal heirs of Ghodki who was caught red-handed while accepting a bribe of Rs50 way back in 1988 for early sanction of a Rs25,000 loan and was convicted under Prevention of Corruption Act in 2001 for six months imprisonment.

 

Ten witnesses including then CEO of Mahamandal Ratnakar Gaikwad (who later became Maharashtra Chief Secretary) deposed as prosecution witnesses and justified permission to prosecute Ghodki.

 

Appeal was continued by legal representatives of Ghodki who died during pendency of appeal.

 

The High Court after looking into the evidence on record noted recently that the prosecution has succeeded to establish the fact of the demand of bribe made by the accused and voluntary payment of bribe amount by the complainant and acceptance of the bribe amount by the accused as illegal gratification in consideration of the unlawful promise for getting early sanction of the loan.

 

Statutory presumption under Section 20 of the act arose which was not rebutted so as to displace it even upon preponderance of probabilities, the court stated.

 

On behalf of appellant it was contended that the late accused is entitled for the benefit of doubt as the appeal is being prosecuted by his legal representatives and heirs who can get benefits of his employment at least posthumously and cited a Supreme Court ruling in support of contention.

 

However, court ruled out any leniency towards public servant who has been found guilty by the trial court and stated that by applying test of a reasonable prudent man's satisfaction beyond reasonable doubt to the evidence led by the prosecution in this case it has to be concluded that the prosecution has proved the case against the appellant in the trial Court.

User

COMMENTS

Vaidya Dattatraya Vasudeo

4 years ago

Will this apply to all the Public Servants, who died during the pending of the case or investigations.. Are the elected persons public servants.

nagesh kini

4 years ago

Why only a dead man?
There are many bribe-givers who don't get nabbed!
Corruption is a two way traffic - remember it takes two hands to clap!

IndusInd Bank partners with ElectraCard for prepaid forex card

A customer can load an amount on the card before travel, and use it to withdraw cash from ATMs and for shopping at merchant establishments in six different currencies

Mumbai: Private sector lender IndusInd Bank on Thursday entered the prepaid forex segment by launching a card offering in six currencies, reports PTI. IndusInd has tied up with ElectraCard Services (ECS), which will provide technology and processing services, the bank said in a statement.

 

A customer can load an amount in the card in the country before travel, and use the card to withdraw cash from automated teller machines (ATMs) and shopping at merchant establishments, the bank said in a statement.

 

IndusInd, amongst the youngest banks in the country with a relatively small size, will be competing for business in the segment with a host of other banks which already have similar offerings.

 

 

The Indus Forex card will be available in US Dollar, Euro, Sterling Pound, Singapore Dollar, Australian Dollar and Saudi Riyal, it said.

 

Customers can use multiple ways to track spends and check balances through various means. Also, in order to help them in case of card losses, customers are given two cards, so that the second one can be used, it said.

User

Wockhardt to launch generic version of clot-buster drug Plavix

Wockhardt has received US FDA approval for marketing tablets of Clopidogrel bisulfate and Clopidogrel bisulfate, which are used to help reduce risk of heart attack or stroke

 
Mumbai: Pharmaceutical and biotechnology company Wockhardt has received final approval from the United States Food & Drug Administration (US FDA) for marketing tablets of Clopidogrel bisulfate and a tentative approval for the tablets Clopidogrel bisulfate, which are used to help reduce risk of heart attack or stroke, reports PTI.
 
Clopidogrel is the generic name for brand Plavix, marketed in the US by Bristol-Myers Squibb.
 
Wockhardt is launching the product immediately, a company statement said.
 
According to IMS Health, the total market for this product in the US was over $6.5 billion. Prevalence of atherosclerotic diseases is rapidly growing the world over.
 
But by inhibiting the clotting within blood vessels, it reduces risk of heart attacks and strokes and is one of the most used pharmaceutical products in the world.
 
"We have received two ANDA approvals in the last three days," Wockhardt chairman Habil Khorakiwala said.
 
"Wockhardt's rapidly growing presence has been aided in large, by the steady stream of new products," he said.
 
Wockhardt will be manufacturing the Clopidogrel bisulfate API in its facility at Ankleshwar, India and the tablets of Clopidogrel at its facility in Aurangabad, India.
 
The technology for the API and the tables were developed in-house, it said.
 

User

We are listening!

Solve the equation and enter in the Captcha field.
  Loading...
Close

To continue


Please
Sign Up or Sign In
with

Email
Close

To continue


Please
Sign Up or Sign In
with

Email

BUY NOW

The Scam
24 Year Of The Scam: The Perennial Bestseller, reads like a Thriller!
Moneylife Magazine
Fiercely independent and pro-consumer information on personal finance
Stockletters in 3 Flavours
Outstanding research that beats mutual funds year after year
MAS: Complete Online Financial Advisory
(Includes Moneylife Magazine and Lion Stockletter)