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| After 7 yrs trial, Patwari acquitted | | | EARLY TIMES REPORT
JAMMU, Sept 23: Special Judge Anticorruption Jammu BL Bhat today acquitted Patwari Ram Saroop Bali then Patwari Halqa Kote, who was facing investigation and trial, for the last seven years for allegedly involved in demanding and accepting a sum of Rs 5000 for substituting the name of the mother of complainant in the Girdwari in place of her deceased husband.
In the acquittal judgment Special Judge Anticorruption, after hearing both the sides, observed that the accused in his statement raised the plea that the complainant Chanchal Sharma had been pressurizing him to commit a wrong and he was falsely implicated as he refused to comply. The fact, coupled with the specific statement of mother of the complainant to the fact that no body had witnessed the demand and acceptance of bribe money of Rs 5000, thereby contradicting the allegation, is sufficient to render testimonies of complainant and her mother unreliable and unworthy of credit. In the context of evidence brought on record, the defense version cannot be dismissed as a concoction.
In the judgment Court further observed that on appreciation of evidence demand and acceptance of bribe does not stand established by reliable, cogent and credible evidence. Evidence adduced by the prosecution on the material aspect of demand and acceptance of illegal gratification by accused is neither reliable not trustworthy. The prosecution is an accomplice in offence of alleged bribery, immunity from prosecution not withstanding, her testimony in material particulars, is not corroborated by the independent evidence. Thus, no importance can be attached to her deposition. Testimony of complainant has been found suffering from major contradictions on material particulars, emanating out of motive and specifically contradicted by prosecution witness Banarsi Dutt who as senior colleague of complainant was expected to have sympathy for her. It is accordingly held that prosecution evidence fails to inspire confidence and the same is sufficient to warrant conviction of accused on the charge framed against him. With these observations Court dismissed the case against the accused filed by the VOJ for want of cogent, reliable and credible legal proof therefore the accused is acquitted of the charges framed against him. (JNF) |
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