Like our Facebook Page

Early Times Newspaper Jammu, Leading Newspaper Jammu
Breaking News :   Restrictions lifted from 35 police stations across valley: Govt | Soldier martyred in Pak firing along LoC in Rajouri | Restrictions lifted from 35 Police Stations across Valley: Govt | Supreme Court extends admission deadline for Jammu-Kashmir PM Scholarship students | Landline services in 17 exchanges of Kashmir restored | High alert in Punjab after heavy rain forecast, IMD issues warning for Himachal | China-Pakistan attempt to rake up Kashmir at UNSC falls flat | AK-47 rifle, bullets seized during raid on Bihar's Mokama MLA Anant Singh's residence | Impact of scrapping 370: Disintegration of Pakistan begins, Balochistan celebrates India's I-Day | Rape accused's gang warns senior PDP leaders against hoisting national flag at party office | Identity not tampered with, Governor Satya Pal Malik assures locals | Panchayat Dharap residents desire adequate civic amenities | Will distribute my salary among needy' | Shah Faesal shifted to makeshift detention centre at Centaur Hotel | Independence Day function at Srinagar was unique this year | SC to hear petitions against Article 370 | Ladakh a land of all religions: Ram Madhav urges people not to heed rumours | Indian Army guns down 3 Pak soldiers during ceasefire violation along LoC in Poonch | J&K celebrates "Incident-Free" Independence Day: Top Bureaucrat | Governor hosts Independence Day 'At Home' | Amarnath Yatra concludes with subdued ceremony | Article 370 degraded our culture, language: Ladakh MP Jamyang Namgyal | Geology and Mining deptt plans to auction already disappearing Ravi River | Back Issues  
news details
HC dismisses appeal of Vigilance, upheld acquittal of Supdtt & ors
8/14/2019 11:17:11 PM

Early Times Report

JAMMU, Aug 14: In an appeal filed by State Vigilance Organization against the acquittal of Charan Dass, Superintendent of Examination in connivance with Prem Kumar, Deputy Superintendent, Examination and Supervisor Parshotam Sharma, Justice Sanjeev Kumar after hearing both the sides dismissed the appeal and upheld the acquittal.
Briefly stated the prosecution story as is gatherable from the judgment impugned is that the complainant Sandip Kumar Gupta lodged a written complaint with the Vigilance Organization, Jammu with the allegation that he was appearing in the Biannual examination of 10+2 which was being conducted in the examination hall situated in Luthra Public School, Talab Tillo, Jammu. It was alleged that one Charan Dass, Superintendent of Examination in connivance with Prem Kumar, Deputy Superintendent, Examination and Supervisor Parshotam Sharma were demanding money from the candidates appearing in the examination so as to allow them copying in the examination. He claims that during his first paper in the month of September 2001, the respondent-accused Parshotam Sharma demanded Rs 16,000 from him for permitting him copying in the examination hall, but, later on, the deal was settled for Rs 9000. He alleged that he paid and the respondent-accused Parshotam Sharma accepted Rs 4500 for facilitating copying in the second paper. He further claims that he appeared in the examination and after two/three papers, the respondent-accused asked him to pay him the balance amount. It is alleged that the complainant, who was supposed to appear in the Physics (B) paper on 08.01.2001, carried Rs 4500 for paying it to the respondent Parshotam Sharma. However, he was persuaded by his neighbour namely Suresh Kohli, to approach Vigilance Organization Jammu and lodge a complaint in this regard. He, accordingly, lodged a complaint and a trap was laid in which the respondents were allegedly caught red handed demanding and accepting bribe of Rs 4500. The Vigilance Organization Jammu, after completion of investigation, presented the challan before the trial court.
Justice Sanjeev Kumar after hearing both the sides observed that the view taken by the trial Court based on available evidence is unexceptionable and even if, upon evaluation of evidence led by the prosecution, it is possible to take a view different from the one taken by the trial Court, the same would not be permissible for this Court to do so. In this regard, law is well settled that while hearing an acquittal appeal, if the appellate Court comes to the conclusion that on the basis of evidence on record, two views are possible, in that event, the view that favours the accused has to be taken. The trial Court has correctly returned a finding that there was no demand ever made by any of the respondents-accused and this is substantiated by the statement of complainant and other witnesses. The trial Court has rightly doubted the statement of shadow witness namely Constable Mohd Riaz on the ground that in the presence of availability of independent witnesses accompanying the trap party, the interested witness should not have been put up as a shadow witness. It is this witness only who deposed with regard to demand of bribe made by the respondents-accused.
With these observations, High Court is of the view that the judgment passed by the trial Court is legally and factually correct and does not call for any interference in this appeal filed by the appellant. (JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
Early Times Android App
BSE Sensex
NSE Nifty
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
J&K Govt. Official website
Jammu Kashmir Tourism
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
Train Enquiry
Jammu Kashmir Bank
State Bank of India
Passport Department
Income Tax Department
IT Education
Web Site Design Services
Jammu University
Jammu University Results
Kashmir University
IGNOU Jammu Center