The Jharkhand High Court has upheld the conviction of a 75-year-old former railway parcel clerk for accepting a ₹100 bribe in a case dating back to 1995. The court rejected the defense argument that the money was an “extra charge” rather than illegal gratification. The judgment in Kali Shankar Dhobi v. State of Jharkhand confirmed the conviction under sections of the Prevention of Corruption Act, 1988.
The 1995 Incident
The case originated from a complaint filed with the Central Bureau of Investigation (CBI) on April 27, 1995. The complainant, Nirmal Kumar Bengani, had approached the clerk at Hatia Railway Station to book his motorcycle for transport to Samastipur. While the official booking charge was ₹203, Dhobi allegedly demanded an additional ₹100.
CBI officials laid a trap to catch the clerk in the act. They treated a ₹100 currency note with phenolphthalein powder, a chemical used to detect contact with the note. Bengani handed the note to Dhobi, who reportedly placed it in a drawer. Upon receiving a pre-arranged signal, CBI officers entered the office, recovered the note, and washed Dhobi’s right hand. The solution turned pink, confirming the chemical reaction. Forensic examination later verified the presence of phenolphthalein and sodium carbonate in samples.
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Legal Ruling and Sentence Reduction
Two independent witnesses accompanied Bengani during the operation. The high court noted that discrepancies in their accounts did not weaken the prosecution’s case. The bench held that the demand and acceptance of money for official work amounts to bribery, regardless of the terminology used.
Justice Pradeep Kumar Srivastava upheld the conviction under Section 7 and Section 13(2) of the Prevention of Corruption Act, 1988, read with Section 13(1)(d). However, the judge reduced the sentence based on Dhobi’s age, the lengthy pendency of the case, and his dismissal from service. The term for the Section 7 offence was reduced from one year to six months, and the Section 13 sentence was cut from 1.5 years to one year. Both sentences will run concurrently. The court also directed the convict, currently on bail, to surrender before the trial court within two months. Advocates Sameer Saurabh and Divya represented Dhobi, while Additional Solicitor General of India Prashant Pallav and Aryan Anurag appeared for the State.
