Wrongly Convicted Database Record

 

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Bharat Shrikant Naik

 

Charge:

Bribery (including public corruption)

Sentence:

1 year

Years Imprisoned:

Year Crime:

2001

Year Convicted:

2005

Year Cleared:

2016

U.S. State or Country of Crime:

India

County or Region of Crime:

Maharashtra

City of Crime:

Pune

Result:

Judicially Exonerated

Summary of Case:

"Bharat Shrikant Naik was wrongly convicted on February 25, 2005 of two counts of criminal misconduct by a public servant in Pune, Maharashtra, India. Naik's prosecution was based on the allegation that when he was the health superintendent of the Khadki Cantonment Board he demanded and accepted a bribe of Rs 10,000 (Abt. US$150) on January 24, 2001 to allow Rafiq Rashid Qureshi to start a rickshaw garage near a PCMT bus stop in Khad. After his conviction Naik was sentenced to concurrent one year prison terms for his two convictions. Soon after his sentencing Naik was granted bail pending the outcome of his appeal. Naik was dismissed from his job with the KCB. In October 2016 the Bombay High Court set aside Naik's convictions for two reasons: the trial court lacked jurisdiction; and, the prosecution's witness evidence was not reliable. The appeals court noted that the complaint was only filed at the behest of a union leader who was not on good terms with Naik, and the alleged bribe money was placed in the file cabinet where it was found when Naik was not in the office, and the union leader knew where the money was. The victim of an apparent frame-up, Naik told a reporter after his conviction had been overturned, "I have suffered on account of a false case initiated against me. I will now seek legal remedy for reinstatement with full back wages as I still have some five to six years of service left." "

Conviction Caused By:

Perjury by the prosecution's key witness.

Innocence Proved By:

"In October 2016 the Bombay High Court set aside Naik's convictions for two reasons: the trial court lacked jurisdiction; and, the prosecution's witness evidence was not reliable."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Indian

Information Source 1:

"KCB officer's conviction in bribery case set aside, By Vishwas Kothari (TNN), The Times of India, October 22, 2016"

Information Location 1:

http://timesofindia.indiatimes.com/city/pune/KCB-officers-conviction-in-bribery-case-set-aside/articleshow/54990442.cms

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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