Plea of family responsibilities or health ground cannot be mitigating factor in corruption cases. Emotions or sentiments have no role to play - CBI Court
THE Special Judge for CBI of a Delhi Court last week awarded a sentence of three years rigorous imprisonment and a fine of Rs. 50,000 on an Income Tax official for accepting a bribe of Rs. Three lakhs in 1995. The convict was working as a Junior Engineer in the Office of Appropriate Authority Department of Income Tax and he had taken this money to give a “No Objection Certificate” in a property deal.
The case took 19 years to reach the first stage of decision and the officer who was 41 years old at the time of offence is now about 61. It was submitted on his behalf that he is a law-abiding citizen not involved in any (other) criminal case or civil dispute. It is submitted that his one son is still studying and his presence by his side at this juncture is very essential to settle him in his life. He is an acute diabetic and is on a high medication dose.
The Court was not impressed and observed,
The plea of family responsibilities or the health ground also cannot be a mitigating factor in corruption cases. The charge of PC Act are grave and serious. The corruption is working like an invincible syndicate. There should be a zero tolerance for bribe and corruption in any place. The emotions or sentiments have no role to play in dealing with the question of award of sentence in the corruption cases. No mitigating circumstances as suggested may be a ground for any leniency.
In the present case as may be noted the incident is of the year 1995 and bribe amount of Rs. 3 lac as involved was by any imagination a big amount at that point of time.
In this case, the person who gave the bribe was also convicted, but unfortunately, he was not a beneficiary in the transaction; he was only an employee of the person who allegedly gave the bribe. Interestingly CBI had failed to collect any evidence against him; (the actual beneficiary of the property transaction) hence he was not charge sheeted.
Carrying the bribe for your boss is also an offence!