Srinagar: A special anti-corruption court in Srinagar has convicted former Patwari Ghulam Qadir Bhat and sentenced him to one year of simple imprisonment besides imposing a fine of Rs 10,000 in a corruption case dating back to 2007.
The court of Special Judge Anti-Corruption, presided over by Tasleem Arief Ganie, held the accused guilty under the provisions of the erstwhile Prevention of Corruption Act.
At the time of the offence, the convict was serving as Patwari in Halqa Khushipora Zainakote and, according to the prosecution, had demanded and accepted illegal gratification from a complainant for official work.
The prosecution case originated in 2007 when the complainant approached the authorities alleging that the Patwari had sought a bribe in exchange for processing revenue-related documents.
According to the prosecution, Ghulam Qadir Bhat demanded Rs 5,000 from the complainant for recording an inheritance mutation in favour of the complainant’s relatives.
Acting on the complaint, the then Vigilance Organisation laid a trap and, according to the prosecution, caught the accused while accepting the bribe amount.
During the trap operation, the complainant paid Rs 3,000 to the accused. The prosecution stated that the accused accepted the amount and concealed it beneath a pillow in his room.
The trap team subsequently recovered the tainted money and investigative procedures confirmed the transaction, according to the prosecution.
During the trial, the prosecution examined several witnesses and produced documentary evidence to establish the demand and acceptance of illegal gratification.
The court observed that the testimony of key witnesses, read together with corroborative material evidence, proved the charges against the accused beyond reasonable doubt.
The defence argued that the case had been fabricated and that the accused had been falsely implicated. However, the court rejected the defence version, observing that there were inconsistencies in the arguments advanced on behalf of the accused.
In its judgment, the court observed that corruption at the grassroots level erodes public trust and hampers the delivery of essential services.
“Public servants are entrusted with significant responsibilities, and any misuse of authority for personal gain cannot be tolerated,” the court said while pronouncing the verdict.
The court sentenced the convict to one year of simple imprisonment and imposed a fine of Rs 10,000.
It further directed that in the event of non-payment of the fine, the convict shall undergo an additional term of imprisonment.
The court observed that the sentence reflected a balanced approach, taking into account both the nature of the offence and the prolonged duration of the trial.
Relying on legal precedents, the court further held that even in the absence of proof of prior demand, acceptance of illegal gratification is sufficient to attract criminal liability.
While determining the sentence, the court considered both aggravating and mitigating circumstances. It noted the seriousness of corruption by a public servant, but also took into account that the accused is now elderly, is a first-time offender and had faced trial for nearly 17 years.
The court also directed that the period already spent by the accused in custody during the course of the trial shall be set off against the sentence.
