In a dramatic conclusion to a case spanning over two decades, the Bombay High Court’s Aurangabad bench has cleared the names of an Assistant Public Prosecutor (APP) and a law clerk accused in a bribery scandal dating back to 2002. The court ruled that the convictions, initially secured under the Prevention of Corruption Act, were unsupported by credible evidence.
The case stemmed from allegations that APP Nasibkhan Gulabkhan Pathan demanded a ₹1,000 bribe to expedite legal proceedings. Alongside him, law clerk Balasaheb Gunvantrao Yadav was implicated after a sting operation by the Anti-Corruption Bureau (ACB). Despite their conviction in 2005, questions about the prosecution’s evidence lingered for years.
Key to the reversal was the retraction of testimony by the complainant, who admitted under oath that the allegations were fabricated and his original complaint was coerced. The court found this retraction, combined with contradictory testimony from a shadow witness, too significant to ignore.
Justice Abhay S. Waghwase underscored the importance of a fair trial, pointing to inconsistencies in the prosecution’s narrative. The evidence presented, including the testimony of the shadow witness who wasn’t present at the time of the alleged bribe, failed to meet the standard of proof required for conviction.
The court also criticized the procedural lapses in obtaining sanction for prosecution, describing it as a “mechanical” exercise that further weakened the case.
Both Pathan, who passed away before the appeal could be heard, and Yadav have now been cleared of all charges. The decision offers closure to their families while casting a spotlight on flaws in how the case was handled.
This ruling highlights the judiciary’s commitment to ensuring convictions are based on irrefutable evidence, reinforcing the principle that justice must prevail even after decades of legal entanglement.
