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| Court awards 2 years RI; Rs 50,000 fine to Police cop | | | Early Times Report
Jammu | Sept 12
Special Judge Anticorruption Jammu, B L Bhat, today awarded two years rigorous imprisonment and fine of Rs 50,000 to Chaman Lal, the then Head Constable Crime & Railways, who was facing trial for the last 7 years.
According to a Vigilance report one Tilak Raj r/o Rampura Tehsil Samba lodged a written complaint supported by an affidavit with the Vigilance Organization stating therein that he was an unemployed matriculate. He was told by one Sansar Chand that PA to DIG Crime & Railway was known to him and he could get him appointed in the police department. The complainant was introduced to Head Constable Chaman Lal who posed himself to be PA to DIG Crime & Railways Jammu. He told the complainant to pay him Rs 60,000 so that he could get him appointed as constable. The complainant paid first installment of Rs 30,000 to Chaman Lal Head Constable in presence of Sansar Chand but neither the job was arranged for him nor was the money refunded. Thus the accused in connivance with Sansar Chand obtained Rs 30,000 as bribe. A preliminary enquiry was held and during enquiry allegation of obtaining bribe against delinquent official was established. Accordingly FIR was registered u/s 5(2) Prevention of Corruption Act 2006 BK r/w 120-B, 419 and 161 RPC. After completion of the investigation, challan was presented in the court of Special Judge Anticorruption Jammu. On November 1, 2003 Court framed charges against accused Chaman Lal and proceedings u/s 512 Cr PC was also initiated against accused Sansar Chand.
In the 33 page judgment, the Special Judge Anticorruption Jammu, after hearing arguments, observed that the evidence on record reveals that accused Sansar Chand played a treacherous role in making complainant to part with money on the pretext of managing a job for him through accused Chaman Lal who was merely holding the rank of head constable. The accused Chaman Lal, after accepting graft money, failed to manage the job for the complainant within the stipulated period of one month and also declined to refund the bribe amount. It is laid bare by evidence on record that accused Chaman Lal induced a belief in the mind of the complainant that in his capacity as PA to DIG he could manage job through his superiors. It is established that accused Chaman Lal assured the complainant that he will render assistance to him with the officer at the helm of affairs in managing the job for him and complainant gave the money to him under the belief. Perhaps he was not capable of doing but he promised or may be he never intended to manage a job for the complainant. Accused Chaman Lal is guilty of cheating as also offence u/s 161 RPC and referred a judgment of Supreme Court. Accused Chaman Lal is stated to have accepted the graft money through co-accused Sansar Chand but that does not make any material difference. The transaction of payment of illegally gratification is proved to have been accomplished in one sitting when both accused visited the shop of Ashok Kumar employer of complainant. Accused Chaman Lal is proved to be recipient of the illegal gratification.
Special Judge Anticorruption Jammu convicted Chaman Lal then Head Constable after facing trial for seven years and awarded him two years rigorous imprisonment on each count, in addition, he is also sentenced to fine of Rs 50,000 u/s 5(2) PC Act 2006 BK. In default of payment of fine the convict shall undergo further imprisonment for one year. Court clarified that sentences shall run concurrently. JNF |
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