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| Court acquits Rtd Army man in cheating case for want of prosecution evidence | | | Early Times Report
RAJOURI, Nov 28: Principal Sessions Judge Rajouri Jaffer Hussain Beigh acquitted one retired Army man namely Mohd Sadiq son of Raj Mohd of Dhara Sambla, at present near Power House Kheora, Tehsil & District Rajouri who duped people on the name of job.
While acquitting the alleged accused, Court observed that when the payment to the accused and execution of document by the accused is not proved, it cannot be said that the accused has cheated the complainant. Thus offence under section 420 RPC is also not proved against the accused.
Prosecution story in brief is that Police Station Rajouri received a letter No Rdr/or/2011/6112-13/DPO, dated; 15-02-2011, forwarded by District Mobile Magistrate, Rajouri u/s 202 CrPC with the contents that the complainant Basharat Hussain has lodged the complaint against the accused Mohd Sadiq with the averments therein that the accused person is serving in Army as Subedar No JC592912Y in First JAKLI. The accused approached the complainant and other persons namely, Bashsir Ahmed S/O Sain Khan, Mohd Shafi S/O Mohd Bashsir, Mohd Hanief S/O Illam Din, Mohd Arif S/O Abdul Qayoom, Mohd Riaz S/O Faqir Hussain, Mohd Yaseen S/O Mohd Latief, Mohd Sadiq S/O Illam Din, residents of Tota Mohra Behrote Tehsil Thannamandi, & Khurshed Ahmed S/O Fiaz Alam resident of Gambir Mugllan, District Rajouri to get them appointed in MES permanently as he has good links with higher Army officers. For this purpose the accused received Rs 3.30 lacs from the complainant for appointing him in MES permanently. On 10-03-2009, the accused executed an agreement admitting to have received such amount. The accused also executed another agreement on 26th July 2010 at Rajouri that in case he fails to get him job, he would give whole property to the complainant. Accordingly the accused sold the residential house in Khasra No. 45 measuring 4 marlas, situated at Kheora, Rajouri to him when the complainant failed to get job but in order to cheat the complainant the accused through his wife Hassan Bi executed another agreement of above mentioned house property in favour of Mohd Bashir S/O Hafiz Ullah Resident of Darhal on 25-08-2010.The complainant again demanded the money from the accused amounting to Rs 3.30 Lacs and the accused assured that he would pay back money to the complainant and if the accused failed to give money back to the complainant, the complainant has a right to take the property of the accused and can also register the case against the accused in any Police Station/ Court or before any Authority of Indian Army . The accused has not paid a single penny to the complainant despite repeated requests and thus, the complaint has been filed before the Court. |
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