Srinagar: A Special Anti-Corruption Court in Srinagar on Monday convicted and sentenced a Patwari from Kulgam district to two years imprisonment and a fine of Rs 15,000 for accepting bribes in 2012 for performing an official duty.
Special Judge Anti-Corruption Srinagar Tasleem Arief found accused Bashir Ahmed Dar, son of Abdul Wahab Dar, and a resident of Arreh Mohanpora, Kulgam, guilty under Section 5(1)(d) read with Section 5(2) of the J&K Prevention of Corruption Act and Section 161 of the Ranbir Penal Code.
According to the prosecution, the Vigilance Organisation Kashmir—now known as the Anti-Corruption Bureau—registered FIR No. 03/2012 after receiving a complaint from advocate Bashir Ahmed Mir of Ahmedabad, Kulgam.
The complainant alleged that the Patwari demanded ₹5,000 as a bribe for issuing Intikhabs (revenue extracts) relating to land measuring 36 kanals and 12 marlas located at Dainipora Gojerpora in the Damhal Hanjipora area of Kulgam district. The demand was allegedly negotiated down to ₹1,000.
Acting on the complaint on February 09, 2012, the vigilance agency constituted a trap team and treated two ₹500 currency notes with phenolphthalein powder in the presence of an independent witness.
During the operation, the accused had been summoned to the office of the Additional Commissioner Kashmir in Srinagar with official records. The prosecution said that after meeting the complainant there, Patwari allegedly took him to a nearby tea stall outside the Divisional Commissioner’s office premises where he demanded and accepted the bribe amount before handing over the required revenue extracts.
The trap team then apprehended the accused. Chemical tests conducted on the spot showed that the hand wash and pocket wash of the jacket worn by the accused turned pink, indicating contact with the tainted currency notes. The marked money was recovered from the right pocket of the accused’s jacket.
During the trial, the court examined the complainant, the independent witness and members of the trap team. The complainant testified that despite repeated requests, the Patwari delayed issuing the Intikhabs and demanded a bribe to complete the official work. He told the court that the accused accepted the marked currency notes and only thereafter signed and handed over the documents.
The independent witness corroborated the incident, stating that he saw the accused receiving money, and subsequently putting it in his jacket pocket.
Investigating officials also produced seizure memos, trap proceedings and forensic evidence regarding the chemical tests conducted on the accused’s hands and jacket pocket.
In its judgment, the court observed that demand and acceptance of illegal gratification are essential ingredients of corruption offences, and held that the prosecution had successfully established both through oral and scientific evidence. Judge noted that the recovery of tainted currency notes and the positive phenolphthalein test strongly corroborated the prosecution version.
The court also reiterated the legal principle that once acceptance of tainted money is proved, a statutory presumption of corruption arises against the accused, which must be rebutted by a credible explanation. However, the accused failed to provide any convincing explanation for the recovery of the marked currency notes or the positive chemical test results.
While hearing arguments on sentencing, the court said the gravity of the offence could not be ignored, particularly as the accused was a public servant who was expected to act with fairness and integrity in the discharge of his official duties as Patwari of Halqa Nandimarg village Gojerpora.
At the same time, the court took note of certain mitigating factors, including that the accused is now an elderly person who has retired from service and had faced a long trial spanning nearly 13 years. The court also observed that he appeared to be a first-time offender and that the prosecution had not produced any evidence to show that he had a history of corruption or had repeated such offences.
Taking into account both aggravating and mitigating circumstances, the court sentenced the convict to two years of simple imprisonment and a fine of ₹10,000 for the offence of criminal misconduct under the J&K Prevention of Corruption Act.
For the offence of accepting illegal gratification under Section 161 of the Ranbir Penal Code, the court awarded one year of simple imprisonment and a fine of ₹5,000.
The court ordered that both sentences would run concurrently. In case of default in payment of fines, the convict will have to undergo an additional simple imprisonment of one month in each case.
The court further directed that the period already spent by the accused as an undertrial prisoner would be set off against the sentence in accordance with the provisions of the J&K Code of Criminal Procedure.
The bail bonds of the convict were cancelled and he was taken into custody. The court directed that he be lodged in Central Jail Srinagar to serve the remaining term of imprisonment and issued a warrant authorising the jail authorities to execute the sentence in accordance with law.
