Falil UR Rehman Vs UT of J&K (Jammu and Kashmir High Court)
The Jammu & Kashmir High Court dismissed an appeal challenging the conviction of a public servant under Section 5(1)(d) read with Section 5(2) of the J&K Prevention of Corruption Act and Section 161 of the RPC, affirming the judgment of the Special Judge (Anti-Corruption), Srinagar. The appellant had been convicted for demanding and accepting illegal gratification of ₹4,000 for releasing sanctioned timber and was sentenced to one year’s simple imprisonment with fine under the PC Act and six months’ simple imprisonment with fine under Section 161 RPC, with both sentences directed to run concurrently.
The appellant primarily challenged the conviction on two grounds. First, it was argued that prosecution sanction had not been properly proved since only a copy of the sanction order was placed on record. Secondly, it was contended that the prosecution failed to establish the essential ingredients of demand and acceptance of illegal gratification, and that mere recovery of tainted currency could not sustain a conviction. The appellant also relied on the testimony of the shadow witness and another witness to contend that no demand or acceptance had taken place, besides asserting that he was not competent to release the timber and therefore had no occasion to demand a bribe.
