Orissa High Court acquits doctor accused of accepting ₹300 bribe in 1998

The Orissa High Court last week acquitted a doctor accused of accepting a bribe of ₹300 from a patient in 1998 and convicted in 2007 by the trial court for the same [Pradeepta Kumar Praharaj v State].While setting aside the conviction, Justice SK Sahoo observed that the trial court's reasoning was faulty and that it had overlooked genuine evidence favouring the doctor. The High Court concluded that the trial court judgment was one-sided and that there was no sufficient, cogent, or reliable evidence to establish the doctor's guilt. In the absence of any clinching evidence relating to the demand and acceptance of bribe money by the doctor, no guilt can be fastened upon him in a callous manner, the Court added..The State Vigilance had initiated the case against one, doctor Pradeepta Kumar Praharaj, who worked as an assistant surgeon at a government hospital in Nabarangpur district. The case was filed after the discovery of ₹300 on his office desk, which was alleged to have been received as an illicit bribe from a patient on September 14, 1998.Following the trial, the Special Judge (Vigilance) in Berhampur found the doctor to be guilty of soliciting and receiving the bribe. On March 22, 2007, the doctor was sentenced to six months of rigorous imprisonment and ordered to pay a fine of ₹1,000 under the Prevention of Corruption Act, 1988.In the same year, the doctor filed a criminal appeal against the conviction verdict in the High Court. He was released on bail and has remained out of prison since then..The High Court reiterated that the mere recovery of a bribe amount is not sufficient to fasten guilt in the absence of any evidence of there being a demand and acceptance of a bribe.The Court also doubted the prosecution's case since the alleged bribe request by the doctor was stated to have occurred almost seven days after the patient was discharged from the hospital.The Court proceeded to allow the doctor's appeal and acquitted him of all charges in the case. Advocate Satya Smruti Mohanty represented the doctor.Advocate MS Rizvi represented the State..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.