29 April 2024 Rape >> Criminal Law  

A judicial officer in Maharashtra was removed from service after the court upheld his dismissal for accepting a bribe in exchange for an acquittal in a POCSO (Protection of Children from Sexual Offences) case.

The judge, who remained unnamed in reports, had denied the accusations and claimed the acquittal was based solely on merit. He argued that an enquiry report hadn't found him guilty and challenged the evidence presented on CDs.

However, the state successfully argued that the preponderance of evidence, including witness testimonies and phone conversations, established a connection between the judge and the bribe money. The court also pointed out that the burden of proof in departmental enquiries is lower than in criminal trials.

 

 

Key Points of the Case:

• The judge was accused of taking a bribe through an associate to influence the outcome of a POCSO case.
• He denied the charges and claimed the acquittal was justified.
• The court found the evidence, including CD recordings, established a link between the judge and the bribe.
• While the judge disputed the enquiry report, the court clarified that the Disciplinary Authority has the right to disagree if they have valid reasons.

The court emphasized the seriousness of the offense and the need to uphold the dignity of the judiciary. They ruled that dismissal from service was an appropriate punishment in this case.

  Protection of Children from Sexual Offences Act, 2012