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| HC upheld conviction of EX-Clerk of DC Budgam Office in trap case | | | Early Times Report
JAMMU, July 21: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court upheld the judgment dated 26.09.2018 passed by the Special Judge Anticorruption, Kashmir, Srinagar whereby the Ghulam Mehdi Pandit (then Clerk in DC Office Budgam) has been convicted of offences under Section 5(1) read 5(2) of J&K Prevention of Corruption Act [ for short "the PC Act"] and Section 161 of RPC. Vide the impugned judgment, the appellant has been sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.15000/ in proof of offence under Section 5(1) read with 5(2) of the PC Act. The appellant has been further sentenced to undergo six months simple imprisonment for offence punishable under Section 161 RPC and to pay a fine of Rs.2500/.
As per the prosecution case, on 2nd April, 2007, complainant-PW Mohammad Ramzan Bhat lodged a written complaint before the Vigilance Organization, Kashmir, alleging therein that the case pertaining to pathway to his house situated near Srinagar Airport is pending before the Deputy Commissioner, Budgam. It was alleged in the complaint that the relevant file is pending before the appellant/accused, who is posted as Clerk in DC Office, Budgam, for processing and clearing. According to the complainant, the appellant/accused was demanding an illegal gratification of Rs.5000/ for processing the file whereas the complainant had been able to arrange only Rs.3000/. It was stated in the complaint that the complainant was reluctant to pay a bribe to the appellant/accused and prayed for action against him. On the basis of aforesaid complaint, FIR No.21/2007 for offences under Section 5(2) of the PC Act read with Section 161 of RPC came to be registered with Police Station Vigilance Organization, Kashmir (VOK) and investigation was commenced. A trap team comprising officers/officials of VOK was constituted for laying trap against the appellant/ accused.
Justice Sanjay Dhar after hearing both the sides observed that the trial court, while dealing with this aspect of the matter, has rightly rejected this contention of the defence. In fact, the plea of alibi has been set up by the appellant/accused for the first time while making his statement under Section 342 of J&K Cr. P. C. No suggestion to this effect has been put by the defence at any stage while cross-examining the prosecution witnesses. So, the plea of alibi setup by the appellant/accused is nothing but an afterthought to wriggle out of the charge.
With these reasons, Justice Sanjay Dhar do not find any ground to interfere in the well-reasoned and lucid judgment passed by the trial court. Accordingly, the impugned judgment of conviction and sentence passed by the trial court is upheld and the appeal shall stand dismissed. The bail and surety bonds of the appellant/accused are cancelled and he is directed to surrender before the trial court within a period of three weeks from the date of this judgment. Upon surrender by the appellant, the trial court shall send him to jail for serving the balance sentence. In case the appellant/accused does not surrender before the trial court within the aforesaid period, coercive measures shall be taken for securing his presence before the said court.
—JNF |
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