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| One year jail term to telecom official | | | Early Times Report
Jammu, Apr 30- Special Judge Anticorruption Jammu BL Bhat today awarded one year imprisonment and fine Rs one lakh to AR Saini then GMT Kashmir who was facing investigation and trial for the last 17 years with the direction that the amount of fine shall be recovered from the estate of accused unless paid within 30 days from today.
In his 73 page judgment, the Special Judge Anticorruption, after hearing SK Bhat Senior Public Prosecutor for CBI and Advocate PN Raina appearing for the accused, observed that once he admitted that he had issued the NIT and purchased the newly introduced cable as replacement for the drop wire and GI wire in use, the onus shifted upon him to establish that the cable in use had failed resulting in total collapse and break down of the communication system and the replacement was made by adhering to norms of procedure relating to purchase of cable. There is no evidence in defence justification for purchase of newly introduced drop wire is abysmally absent and acquisition of new wire through a lawful mode is not established. The pleas raised on behalf of accused are accordingly rejected and the accused is convicted of the offence u/s J&K Prevention of Corruption SVT 2006.
As regards imposition of sentence the Special Judge Anticorruption find that there are some mitigating factors warranting a lenient view that accused is a senior citizen of 68 years old and has no past criminal history. There is no direct evidence of pecuniary advantage derived by the accused from the supply. Conviction solely rests on proof of circumstances, it is true that the accused had burdened the exchequer unnecessarily and without justification, but the extenuating circumstances for outweigh the aggravating factors. Bearing in mind of all relevant facts governing sentence Court is of the considered opinion that simple imprisonment for one year and a fine of Rs one lakh will be commensurate with the level of guilt established against the accused. Court ordered that the amount of fine shall be recovered from the estate of accused unless paid within 30 days from today.
According to the prosecution case the accused while posted as GMT Kashmir purchased 465 KM length of wire costing Rs 35, 47, 443 @ 7.63 paisa per meter from M/S BR Electrical New-Delhi while the required item was available @ ranging between Rs 1.50 to Rs 3 per meter, thus causing undue loss to the state exchequer to the tune of Rs 21, 52, 433. A case u/s 5(1) (d) r/w section 5(2) Prevention of J&K Corruption Act 2006 BK was framed only against the accused A R Saini where as the other five accused were discharged on March 15, 2004. JNF
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