The High Court of J&K and Ladakh on Tuesday acquitted a revenue official in a nearly 40-year-old corruption case, stating that the mere recovery of money is not enough to prove bribery unless demand and voluntary acceptance are clearly established.
The court was hearing an appeal filed by Muhammad Shaban Wani, a Patwari who had challenged his conviction by a trial court. In 2004, a Special Judge of the Anti-Corruption Court in Srinagar had sentenced Wani to two years of rigorous imprisonment under the Jammu and Kashmir Prevention of Corruption Act and one year under the RPC.Click Here To Follow Our WhatsApp Channel
The case dates back to 1986, when an FIR was registered by the Vigilance Organisation Kashmir. It was alleged that Wani demanded a bribe of Rs 1,000, later reduced to Rs 800, for issuing a revenue extract required for a land sale. During a trap laid on September 15, 1986, vigilance officials claimed to have recovered Rs 700 from Wani and Rs 100 from another Patwari, who was later discharged.
However, a Division Bench led by Justice Sanjay Parihar found serious gaps in the prosecution’s case. The court noted that the complainant had turned hostile and clearly denied making any payment or hearing any demand for a bribe. The shadow witness also failed to confirm that he had seen the money being handed over to the accused.
The Bench said the trial court relied heavily on the recovery of money and phenolphthalein test results, while ignoring the settled legal position that proof of demand is essential for a bribery conviction. The court reiterated that recovery alone, without proof of demand and acceptance, cannot sustain a conviction, citing Supreme Court rulings.
The court further observed that the alleged trap was conducted in a private house, whose owner did not support the prosecution’s case. It also accepted the defence claim that Wani was unwell at the time and had asked another Patwari to prepare the revenue document.
Allowing the appeal filed in 2004, the High Court acquitted Wani of all charges, concluding that his conviction was based on suspicion and conjecture rather than legally admissible evidence.
You Might Also Like:
At 13, This Kashmiri Boy Built 31 Apps and AI Tools
Delhi Court Convicts Kashmiri Separatist Asiya Andrabi in UAPA Case
Pahalgam Railway Line Is About Future, Not Fear—Connectivity Is Development