Hyderabad : In a significant judgment, the Telangana High Court has acquitted two external evaluators accused of demanding bribes from a final-year MBBS student at Osmania Medical College, citing lack of crucial evidence to prove “demand” under the Prevention of Corruption Act, 1988.
Background of the Case
The case stems from a complaint filed with the Anti-Corruption Bureau (ACB), where the student alleged that Dr Gurushantappa S Bandi and Dr K Anand Rao demanded ₹5,000 and ₹6,000 respectively, to award passing marks in a practical examination conducted on May 11, 2002.
However, the High Court, while hearing the criminal appeals filed by the two doctors challenging their conviction by a lower court, found serious procedural and evidentiary lapses in the prosecution’s case.
Key Observations by the High Court
Justice Surender, who delivered the verdict, highlighted several flaws:
- The practical exams and evaluation were concluded on the same day (May 11), leaving no scope for post-evaluation manipulation.
- Once the marks were handed over to the chief examiner, the accused had no official capacity to influence the results — eliminating any pending “official favour.”
- The chief examiner, a crucial witness who could have validated the allegation, was never examined by the prosecution.
- The complainant’s mark sheet — vital evidence — was not produced.
- There was no corroboration of the student’s testimony, and no other students were examined to substantiate claims of a widespread bribe demand.
Legal Reasoning
The court reiterated a settled legal position: mere recovery of cash is insufficient to prove a corruption charge without independent proof of “demand” and “acceptance”.
Quoting relevant Supreme Court judgments, the judge emphasized that demand is a sine qua non for conviction under Sections 7 and 13 of the Prevention of Corruption Act.
Outcome
As a result, the High Court:
- Allowed the appeals of Dr Gurushantappa S Bandi and Dr K Anand Rao,
- Set aside the trial court’s conviction, which had sentenced them to 1.5 years of rigorous imprisonment, and
- Ordered their release, clearing them of all charges.
