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| Court acquits Telephone mechanic; CBI fails to prove charges | | | JAMMU, AUGUST-16- Special Judge Anticorruption Jammu . Kartar Singh acquitted Naseeb Singh, the then telephone mechanic posted at Arnia telephone exchange, who was caught red-handed by the CBI on September 17, 2003 as CBI miserably failed to prove the corruption charges.
According to the CBI case that one Pervesh Singh Saini lodged a complaint alleging therein that Naseeb Singh posted as mechanic at Arnia telephone exchange demanded illegal gratification of Rs 500 from him to rectify the fault of his telephone. CBI registered a case and constituted a team who laid a trap in the Arnia telephone exchange and caught red-handed Naseeb Singh and recovered bribe money and was arrested. After completion of the investigation challan was presented in the Court of law u/s 161 RPC with sections 5(2) r/w section 5(1) (d) of J&K PC Act 2006.
In the 24- page judgment, Special Judge Anticorruption Jammu, after hearing Sr. PP appearing for the CBI and Advocate DS Saini appearing for the accused, observed that the senior PP has referred authorities of the Supreme Court and different High Courts in support of his case. The facts in those cases are quite distinguishable from the facts of the case in hand. In the instant case it has been categorically held that the prosecution has miserably failed to prove demand, acceptance and recovery of the tainted money from the accused and as such to hold him guilty is not warranted by the peculiar circumstances of this case. The prosecution evidence in each case is appreciated with reference to the facts of as particular case. In view of the facts and the circumstances and the law applicable to the case in hand, it is held that it will not be prudent on the part of the Court to believe the uncorroborated statement of complainant in order to fasten the guilt on the accused. The accused, as such is acquitted of the charges framed against him.
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