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| HC acquits former JD (Adm) CAPD | | | Early Times Report
Srinagar, Mar 26: Justice MK Hanjura of J&K High Court has set-aside the conviction awarded by the Special Judge Anticorruption Court Srinagar whereby Special Judge Anticorruption Court Srinagar awarded 2 years RI and fine Rs 10,000 to Mohammad Ashraf Wani S/o Abdul Aziz R/o Chogul Handwara the then Joint Director (Adm) in Directorate of Consumer Affairs and Public Distribution Department Kashmir, Srinagar. While setting-aside the conviction, Justice MK Hanjura observed that neither the complainant nor the shadow witness have supported the prosecution case in its material particulars that is regarding the demand and acceptance of the bribe money by the accused. Justice MK Hanjura further observed that trial Court has not been correct in holding that the demand alleged to have been made by the accused and the acceptance of the bribe by him has been proved. Mere possession and recovery of currency notes from the accused without proof of demand and acceptance cannot be construed to mean that the offences levelled against the accused are proved and to crown it all even the recovery of the currency notes pales into insignificance in view of the fact that the same is said to have been made from the drawer of the office of the accused and not from the search of his person. With these observations High Court allowed the appeal as a corollary to which, the accused is acquitted of the charges levelled him and the impugned judgment dated 25.08.2017 passed by the learned Special Judge, Anti-Corruption, Kashmir Srinagar is set aside. |
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