Early Times Report
Jammu, Feb 1: The Jammu & Kashmir and Ladakh High Court has set-aside the conviction and sentence of 2 years with fine Rs 10000/- to Roshan Lal Bhagat S/O Duni Chand R/O Thoba Tehsil Bhaderwah (the then Additional Treasury Officer Thathri) in a corruption case.
Justice Mohan Lal after hearing Advocate Nirmal Kotwal for the appellant, hold that that there is no legal evidence on record to prove that appellant/convict has committed the forgery.
The direct evidence/the circumstances as relied upon by the prosecution are not strong enough indicating the involvement of appellant/convict in the commission of crime and all the circumstances are not compatible with the possibility of guilt of the accused.
The witnesses examined by the prosecution, have not been able to putforth in their evidence a ring of truth, so as to inspire confidence in this court.
Evidence of prosecution witnesses, is therefore, qualitatively and quantitatively, insufficient to bring nexus between appellant/convict and commission of the offences indicted against him.
This renders the entire story of prosecution as incredible and unbelievable in the manner projected by the prosecution. On proper assessment, evaluation and estimation of the evidence adduced by the prosecution, the evidence appears to be weak, fragile, lacking in credibility, does not prove connecting link between the accused and commission of offences. It would be highly dangerous and hazardous to hold the appellant/convict guilty of offences alleged against him on the basis of weak, shaky and unacceptable evidence.
The whole case of the prosecution, therefore, becomes doubtful.
For the foregoing reasons and discussion, I am of the considered view, that prosecution has miserably failed to prove the guilt of the appellant/convict beyond reasonable doubt for commission of offences u/ss 468/471/409 RPC r/w 5(2) P.C. Act. Criminal conviction appeal, therefore, deserves to be allowed and the same is allowed.
Resultantly, the impugned judgment and order of conviction dated 06-05-2009 rendered by the court of Ld. Addl. Sessions Judge Anti Corruption Jammu in file No. 06/challan titled State Versus Roshan Lal Bhagat based on surmises, assumptions and presumptions is unsustainable in the eyes of law and the same is set aside/quashed.
Appellant/convict Roshan Lal Bhagat S/O Duni Chand R/O Thoba Tehsil Bhaderwah (the then Addl. Treasury Officer Thathri), therefore, is, cleanly acquitted of the charges leveled against him for commission of offences u/ss 468/471/409 RPC r/w 5(2) Prevention of Corruption Act 2006. JNF |
