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Bilaspur:
The Chhattisgarh High Court has acquitted Parmanand Rajput, a former Patwari from Sarguja district, of charges of bribery and cheating. Justice Sachin Singh Rajput, while setting aside the 2002 conviction by the Ambikapur Sessions Court, observed that the prosecution failed to prove that the accused had ever demanded or accepted any bribe.
Background of the Case
The case dates back to 1999, when Ramprasad, the then Sarpanch of Gram Panchayat Amarapur, lodged a complaint alleging that Patwari Parmanand Rajput had collected money from villagers in the name of granting government land pattas but neither issued the pattas nor returned the money.
Consequently, a case was registered against him under Section 420 (Cheating) of the IPC and Section 7 of the Prevention of Corruption Act, 1988.
In 2002, the Special Court, Ambikapur convicted him and sentenced him to three years of imprisonment and a fine of ₹3,000 on each count, both sentences to run concurrently. He then appealed before the High Court.
Defense Argument
Defence counsel N.K. Malviya argued that there was no evidence of demand or acceptance of any bribe. No trap was laid, and no recovery was made.
There was no clear detail of when or where the alleged payment occurred.
Further, the authority to issue land pattas lies with the Tehsildar, not the Patwari, hence the accused had no direct power to fulfill or deny such requests.
Some witnesses admitted that they had given statements to the police under pressure from a local MLA.
Prosecution’s Stand
The prosecution argued that the accused demanded and accepted money from villagers in exchange for land pattas and failed to deliver them, thereby committing an offence.
Court’s Observation — Serious Procedural Flaws
The court examined 18 witness statements and all documentary evidence. It found that most witnesses retracted their earlier statements or admitted giving them under influence.
No recovery of bribe money was made from the accused.
The investigation was carried out by a Sub-Inspector, even though the Prevention of Corruption Act mandates that such investigations must be conducted by a DSP or higher officer.
Justice Rajput observed that there was no proof of “demand and acceptance”, which is a mandatory element in corruption cases. Also, since only the Tehsildar had the authority to issue land pattas, the accused had no direct involvement in the alleged act.
Verdict — Conviction Set Aside, Accused Acquitted
The High Court held that the trial court had misinterpreted the evidence and convicted the accused on insufficient grounds.
Accordingly, the 2002 conviction was quashed, and Parmanand Rajput was acquitted of all charges.The court noted that the prosecution failed to prove the allegations beyond reasonable doubt.
After 23 years, the former Patwari received a major relief. Since he was already on bail, his bail bonds were canceled, and no further legal action was deemed necessary.