|Early Times Report |
Jammu, Sept 10: Special Judge Anticorruption CBI Kashmir Yash Pal Kotwal today awarded three years rigorous imprisonment and fine Rs one lac to Gh. Rasoool Matoo then I/C BSNL Store Pampore who misappropriated the store items worth Rs. 1364292/-. Special Judge Anticorruption CBI Kashmir Yash Pal Kotwal after hearing Special PP Kapil Verma for the CBI observed that the accused/convict is 65 years of age and is facing trial for the last more than 13 years. The economy of his family will be in serious jeopardy. The aggravating factor is that the accused/convict has as an inside mole defrauded BSNL, which provided him employment and means of sustenance and that he has been convicted and sentenced by this court on 27.09.2017, in three other corruption cases. Court further observed that striking a balance between the aggravating and extenuating circumstances, I am of the considered opinion that rigorous imprisonment for three years would be appropriate substantive sentence on all counts. Although it is alleged that the accused/convict has misappropriated the store items worth Rs. 13,64,292/- however, the prosecution has not been able to prove that the accused has derived pecuniary benefit to the tune of aforesaid entire amount of Rs. 13,64,292/-, however, it has been proved that accused/convict has dishonestly misappropriated the property/stores. Hence, total fine of Rs. 1 lac in addition to substantive sentence has to be imposed as the appropriate punishment.