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news details
Court frames corruption charges against cops
2/8/2022 10:59:40 PM
Early Times Report
JAMMU, Feb 8: Additional Sessions Judge anti-corruption Jammu Ritesh Kumar Dubey framed charges against Sohan Lal Sharma the then Head Constable Police Station Gharota Jammu and Amit Sharma the then SPO Police Station Gharota who were caught red-handed by the ACB team while accepting bribe.
The case of prosecution briefly is that on a complaint lodged on 1605-2018 that the accused Sohan Lal did not release his cattle seized by the police in FIR registered against him, despite an order for their release, and demanded a bribe of Rs. 10,000/- for the release of same. FIR No. 10/2018 was registered at P/S Vigilance Organization Jammu (now ACB) for offences under sections 5(1)(d) r/w sections 5(2) and 4-A J&K PC Act Svt 2006. A trap was laid. Complainant and shadow witness entered the police station following the accused HC. After some time, shadow witness passed the pre fixed signal and the trap team went inside.
The complainant pointed towards one police official in uniform, and revealed that he had handed over Rs. 10,000 bribe money to the said official on demand/direction of Sohan who accepted the bribe money with left hand, and kept the same in his left side front pocket. Sohan who was present in the premises of police station managed to give a slip to the trap team and fled from the spot. He was later arrested on 28-5-2018.
After investigation, offences u/sections 5(1)(d) r/w sections 5(2) and 4-A J&K PC Act Svt 2006 120-B RPC, were found established against the accused. Government has accorded sanction for prosecution of accused no. 1, vide Order No. 16-JK-GAD (Vig) of 2021 dated 22-02-2021. The other accused SPO stands disengaged.
The court observed that the prosecution material prima facie establishes that the accused number 2 was caught red handed after having accepted the bribe money from the complainant, on the asking of accused number 1 who demanded the bribe money on the spot, having made the demand earlier also which led to the laying of trap by VOJ. The submission by accused that the cattle had already been released, mean nothing but a prayer seeking a finding that in such circumstances the prosecution allegations are false, without providing them the opportunity to prove the same. And such a finding cannot be returned at this stage.
The court said that the submissions by accused may be relevant for the purpose of checking the credibility of prosecution case as to red handed catching of accused while accepting bribe money yet the same cannot dislodge the prosecution allegations straight away, without its submissions having been proved by the defence.
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