The Delhi High Court has exonerated a senior income tax official who was facing graft charges lodged by the Central Bureau of Investigation (CBI). The charges were related to the alleged solicitation of bribes from Ulhas Prabhakar Khaire, the prime accused in the high-profile "Stock Guru" case involving a multi-crore financial scam.
The CBI had accused the income tax officer of accepting illegal gratification amounting to Rs 55-60 crore from Ulhas Prabhakar Khaire. The alleged understanding was that the income tax official would use his influence to settle Khaire's case related to the "Stock Guru" fraud.
Ulhas Prabhakar Khaire, implicated in the scam, was accused of misleading investors into putting their money in M/s Stock Guru through false promises. The CBI, which initiated a case against Khaire in 2011, claimed that he and his wife defrauded investors of Rs 1,100 crore by organizing seminars across the country to lure unsuspecting victims.
During the trial, the CBI presented evidence, including a video recording made by Khaire using a spy camera during the alleged bribery transaction. An audio clip was also recovered in connection with the case.
The defense, represented by an advocate on behalf of the income tax officer, raised compelling arguments, challenging the admissibility of the evidence presented by the CBI. The advocate contended that the trial court had relied on inadmissible evidence, highlighting issues with the transfer of data from the spy watch to the hard disk, which exhibited signs of modification and manipulation. Moreover, the defense argued that the spy watch was found to be empty according to the CFSL report.
The Delhi High Court, upon careful consideration of the arguments presented, ruled in favor of the income tax officer. The court found that the material collected by the CBI was "not sufficient to frame the charge" against the officer. Additionally, the high court determined that the transcripts of the audio and video recordings did not establish any demand for gratification by the income tax officer.
This judgment marks a crucial turn in the legal proceedings, emphasizing the necessity for solid and admissible evidence in corruption cases. The income tax officer, dissatisfied with the charges framed by the lower court in September 2019, sought relief from the Delhi High Court, which ultimately discharged him from the case due to insufficient evidence.
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