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| Court acquits accused facing trial, VO miserably fails to prove case | | | Early Times Reporter
Jammu | Dec 1
Special Judge Anticorruption ,Jammu, Mr. Kartar Singh today acquitted Mohd Imbrahim, the then Clerk Tehsil Officer Thanamandi District Rajouri as Vigilance Organization miserably failed to prove its case against the accused beyond reasonable shadow of doubt.
According to the Vigilance Organization case on February 28, 2001, one Abdul Majeed lodged a written complaint with the Vigilance Organization alleging therein that his two brothers stood selected for IRP and he met accused Mohd Imbrahim, clerk posted in Tehsil Office in connection with getting RBA certificates in favour of his two brothers. The said clerk demanded Rs 4000 per certificate as illegal gratification and accordingly Rs 4000 were paid to him on February 14, 2001 and remaining Rs 2000 were settled to be paid to him on March 1, 2001. The amount was also produced by him in the Vigilance Organization police station for legal action. Upon this a case u/s 5(2) PC Act 2006 was registered and investigation was entrusted to BL Garyali Dy SP. The Dy SP constituted a trap team and laid a trap on March 1, 2001 and recovered tainted amount of Rs 2000 from the left pocket of his jacket in the presence of independent witnesses and the accused was arrested on spot.
Special Judge Anticorruption, after hearing SPO for the Vigilance Organization and Advocates SC Bali and BR Gupta appearing for the accused and referred various judgments of the Supreme Court including the judgment of 5 Judge Bench of the Apex Court in a case of State of Bihar Vs Basawan Singh regarding the trap case and also judgment on presenting FIR to the Court in delay, and observed that the law laid down by the Supreme Court squarely applies to the facts of the present case, the complainant is an accomplice whereas the shadow witnesses is an interested witness and as such their statements cannot be believed without corroboration which is lacking in the present case. Court further observed that the prosecution has put forth highly contradictory divergent and irreconcilable version about the recovery of the tainted money from the accused which makes the prosecution story doubtful and unbelievable, in other words it has failed to reconcile the different version propounded by it regarding the recovery of the tainted money of the accused. regarding the question raised by the accused for submitting FIR in the Court after two days of registration, Court referred and judgment of the Supreme Court regarding the FIR and observed that in view of the material facts it is held that Vigilance Organization has miserably failed to prove its case against the accused beyond reasonable shadow of the doubt and the accused is acquitted from the charges against him. JNF |
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