Bombay High Court upholds acquittal of medical officer accused of taking ₹100 bribe in 2007

The Bombay High Court recently upheld the acquittal of a government medical officer for allegedly taking a bribe of ₹100 from a patient for the issue of a medical certificate. [State of Maharashtra v. Dr Anil Shinde].Justice Jitendra Jain found that the amount of ₹100 seemed to be too small (as a bribe) for the year 2007, as well as in 2023. Hence, it was a fit case to be treated as a trivial matter, the judge said while upholding the doctor's acquittal. “In the instant case, the allegation is acceptance of a bribe of ₹100/- in the year 2007. The amount appears to be too small in the year 2007 and more so, in the year 2023 when the appeal is being heard against the acquittal. Therefore, assuming that the appellant-complainant is able to prove the charges (although, I have already held that they have failed to prove the charges), in my view after considering quantum at the relevant time this could be a fit case to be treated as a trivial matter to uphold the acquittal order,” the judge ruled..The Court noted that there was a provision under the Prevention of Corruption Act, Section 20(3), which stated that if the alleged bribe of gratification is trivial, then no inference of corruption may be drawn and the court may refuse to presume that the accused is corrupt.The Court proceeded to observe that the alleged gratification in this case was trivial. Therefore, Justice Jain agreed with the trial court's decision to acquit the medical officer.“The view taken by the trial court is a plausible view based on appreciation of evidence. Therefore, in view of the above discussion, the order of acquittal passed by the special judge would not require interference and the present appeal is to be dismissed,” the High Court held..The case before the Court had been filed against one, Dr Anil Shinde, who was appointed as a medical officer in September 1995 by the State of Maharashtra. He had been posted at a rural hospital in Paud, Pune district. The complainant, Laxman Pingale claimed that in 2007, the doctor demanded ₹100 for issuing a medical certificate to certify Pingale’s injuries.Shinde had allegedly treated the wounds but demanded a bribe for issuing the certificate.The patient, Pingale lodged a complaint with the Anti-Corruption Bureau (ACB) and a trap was laid in February 2007. .On February 20, a team of ACB visited the hospital and allegedly caught the medical officer in the act. Therefore, proceedings under the Prevention of Corruption Act (PCA) were initiated against him. On June 16, 2011, Shinde was informed by the special ACB court that he was charged with offences under Sections 7 and 13 of PCA. He pleaded ‘not guilty’ and the trial commenced. On January 31, 2012, after the trial concluded, the special judge acquitted Shinde of all charges. This acquittal was challenged by the State government before the High Court, which has now upheld the trial court order..Additional Public Prosecutor SH Yadav appeared for the State of Maharashtra (appellant). Advocate Sandeep Salunkhe appeared for Shinde..[Read order]