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| Court acquits CDO in trap case as prosecution failed to prove charge | | | EARLY TIMES REPORT
SRINAGAR, June 25: Special Judge Anti-corruption Kashmir RN Wattal acquitted Mehraj ud din Kalla (Chinar Development Officer, Kashmir) in trap case as prosecution miserably failed to prove its case.
The brief facts of case are that the complainant Mohd Amin Dar, son of Gh Hassan Dar of Goripora Pulwama filed a written complaint before VOK with the averments that he moved an application before Deputy Commissioner Pulwama for seeking permission for felling of decayed Chinar Tree located in the compound of the residential house of his in-laws at Pampore endangering the life of the inhabitants, the application was forwarded to Chinar Development Office Srinagar for report through the complainant who personally presented the application before Chinar Development officer Srinagar, Chinar Development Officer handed over the application to his subordinate Bashir Ahmad Dar. Bashir Ahmad Dar told complainant to arrange Rs 5000 as illegal gratification for Chinar Development Officer for furnishing the requisite report, the complainant being against paying of bribe moved the complaint, the trap team was constituted, services of independent witness were taken, complainant produced Rs 2000 before VOK that were smeared with phenolphthalein powder and returned back to the complainant with the direction to pay the same to accused on demand, pre trap demonstration proceedings were conducted, sodium carbonate solution was prepared and independent witness Arshid Ahmad Bhat was asked to wash his hands in compound, there was no change in color, thereafter complainant was asked to wash his hands with this compound same turned pinkish, that was sealed.
Special Judge Anti-corruption Kashmir RN Wattal after hearing both the sides observed that the rule of criminal jurisprudence is that the prosecution has to prove the guilt against the accused beyond any reasonable doubt and when doubt is created in the prosecution case, the accused is to be benefited. In the instant case for the aforesaid reasons, I am of the considered view that prosecution has miserably failed to sustain the charge against the accused No.1 u/s 5(2) P.C. Act r/w section 161and 120-B of RPC beyond any reasonable doubt. The charge sheet is dismissed and accused No.1 is accordingly acquitted, his bail bonds shall stand discharged. JNF
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