Early Times Report
jammu, July 31: Special Judge Anti-Corruption, Jammu, Sanjay Dhar today acquitted Arjun Singh as vigilance organisation, Jammu, (VOJ) failed to prove its case beyond reasonable doubt.
According to the VOJ case, Sajjad Hussain Shah lodged a written complaint with VOJ police station on February 15, 2008, alleging therein that he had applied to Board of School Education (BOSE) Jammu for correction of his parentage as Abdul Rashid instead of Abdul Kashid in his Matriculation Certificate and in this regard he had deposited a sum of Rs 700 as fee with the board. It was alleged that an employee of BOSE, Jammu, working in the registration section demanded Rs 1,500 as bribe from him for issuing the corrected certificate. The complainant, instead of paying him bribe, approached VOJ and lodged the report.
Upon this complaint, FIR No 03/2008 for offences under section 5(1)(d) read with section 5(2) of P C Act & section 161 of RPC was registered and a trap team was constituted and laid a trap and after completion of investigation challan was presented.
After hearing both the sides, the judge observed that from the foregoing critical examination of the evidence on record it is clear that the prosecution has failed to prove demand and acceptance of illegal gratification. Therefore, there is no presumption of guilt against the accused under section 4 of Prevention of Corruption Act. Before the accused is called upon to explain how the amount in question was found in his possession, the foundational facts have to be established by the prosecution, which in the present case has not been done. In the instant case, the prosecution has not only failed to prove the demand and acceptance of illegal gratification by the accused but the recovery of tainted money from accused is also full of suspicion. With these observations, the court acquitted the accused from the charges levelled against him.(JNF). |
