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| Court acquitted Forester facing trial in raid case | | Issued Show cause notice to Complainant for filling false report | |
Srinagar, September, 23:- Special Judge Anticorruption Kashmir (Srinagar) Mr. Suresh Sharma, has acquitted Masood Ahmed Shah Forester s/o Hissam-ud-Din r/o Qazigund, who was caught red-handed by the VOK, while accepting Rs 20,000/- as bribe from complainant and recovered the bribe money from the accused and issued show cause notice to complainant as to why a complaint be not lodged against him u/s 211 for filling false report.
According to the prosecution story that on the complaint of Abdul Hamid Dar s/o Haji Mohd Sabir Dar r/o Dogripora, Pulwama lodged a report with Vigilance Organization Kashmir on January 16, 2001in which it has been alleged that two days ago, he was carrying finished cricket bats to Jammu in truck as he reached lower-monda Qazigund Forest Check Post, accused who was posted as a Forester at the said check-post, stopped the vehicle and forcibly took away Rs 3000/- from the complainant and retained 22 bags of furnished cricket bats and demanded Rs 20,000/- for the release of the same, however, the truck was released. On this complaint VOK registered FIR and laid trap, according to the prosecution Rs 20,000 recovered from the possession of the accused. After completion of the investigation VOK filed Challan in the Court of law.
Special Judge Anticorruption Kashmir (Srinagar) Mr. Suresh Sharma after hearing Chief Prosecuting Officer appearing for the VOK and Advocate A M Padroo appearing for the accused, observed that complainant himself has admitted that accused was harassing him and he lodged the false report against him, no recovery was effected from him. The independent witness also has refuted the prosecution version, the complainant has stated that he kept the money on the table and accused was beaten by the investigating officer and others and he was bleeding. He has been implicating in the false case. The complainant in this case has unambiguously stated that no bribe was ever demanded by the accused. He, rather, has stated that he was harassed by the accused and was made to count each bat carried by him and the accused had previously also been harassed him. He lodged a false FIR against the accused.
In the 18 pages acquittal judgment Special Judge Anticorruption Kashmir Mr. Suresh Sharma further observed that in the present case complainant has himself admitted that he lodged a false report against the accused for demand of bribe amount. He admits, in his statement in the Court, that he lodged false report against the accused as accused had been harassing him and thus causes financial loss to him. From the statement of the complainant, it is apparent that he lodged false complaint against the accused and set machinery of law in motion. A practice has grown to falsely implicate are to lodge the cases against the officials out of vengeances of a personal vendetta. This practice is highly deplorable and is required to be curved and action under law is required to be taken, so that this menaces of the witnesses turning hostile during the trial or lodging the false cases against officials is checked. This is a fit case where a notice under law be issued to the complainant as to why a complaint be not lodged against him u/s 211 RPC for filling the false report against the accused issued show cause notice against the complainant. With these observations Court acquitted the accused as prosecution has failed to prove the charge against the accused beyond reasonable shadow of doubt.
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