Mumbai court acquits man booked for demanding ₹30 lakh from journalist for favourable order from Bombay High Court

A Special CBI Court in Mumbai recently acquitted a Delhi-based man who was booked for allegedly demanding ₹30 lakh from a journalist for a favourable order from the Bombay High Court in his case [Central Bureau of Investigation v. Faraz Sultan Khan]..Special Judge MR Purwar held,"After scanning the entire material and evidence it is crystal clear that the evidence of the prosecution witnesses lacks with the necessary assurance required in a criminal trial. There is no corroboration to the testimony of complainant (journalist Ketan Tirodkar) and thus, I am not inclined to accept his uncorroborated version as his evidence is not inspiring confidence.".The case arose after the journalist, Ketan Tirodkar stood accused in a case under the Maharashtra Control of Organised Crime Act (MCOCA).He was granted bail in the case but the bail order was challenged before the High Court.It was Tirodkar's case that when he was in Delhi in May 2006, the accused Faraz Khan met him through a common friend. Khan allegedly told Tirodkar that he was the brother-in-law of one of the judges of the Delhi High Court. He further claimed that the Delhi High Court judge was a friend of the Bombay High Court judge who was to hear the plea challenging Tirodkar's bail. He even said that he had 'good contacts' with ministers in the Central government.Tirodkar then allegedly requested Khan to arrange a good lawyer to represent him in the Bombay High Court, on a 'charity' basis.However, when Tirodkar returned to Mumbai, he claimed that Khan demanded ₹30 lakh from him. Shocked over the demand, Tirodkar asked Khan to call him on his MTNL phone so as to record the conversation. On this call, Khan reiterated the ₹30 lakh demand and allegedly instructed Tirodkar to arrange for two first class flight tickets and booking in a five-star hotel.Subsequently, Tirodkar made a written complaint to the Central Bureau of Investigation (CBI) and sought a probe into the matter..Khan raised doubts over the genuineness of the recorded conversation and the other contentions of Tirodkar. He pointed out that one of the prosecution witnesses had stated that Tirodkar himself had good contacts with several advocates who appear for litigants on charity. He argued that in view of this fact, there was no need for Tirodkar to seek contacts from him..In its order, the Court doubted Tirodkar's contentions, opining,"In the case in hand there is every doubt about the genuineness of the alleged conversation, transcription, collection of voice specimen, voice examination and forensic voice examination report as well as on the credibility of the testimony of the complainant and other witnesses. There are several serious lapses in the investigation which goes to the root of the matter."It was held that the prosecution failed to prove the essential ingredients of the relevant provisions of the Indian Penal Code (IPC) and the Prevention of Corruption Act invoked against Khan. "The entire case of the prosecution is reeling under great shadow of doubt and several thick clouds of doubt appearing on the case of prosecution. The benefit of doubt therefore, must go in favour of accused. The prosecution has failed to prove it’s case beyond all reasonable doubt. A doubt which is real, arises from record and existed on due scrutiny and not mere fanciful doubt," the Court held while acquitting Khan..Special Public Prosecutor PKB Gaikwad appeared for the CBI.Advocate Saeed Akhtar appeared for Khan..[Read order]