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| Accused acquitted from charges after 7 yrs of trial | | Court takes serious note of IO’s lop sided inquiry | | EARLY TIMES REPORT
Jammu, May 27- Acquitting accused Moti Lal Kharoo, the then Production Assistant Doordarshan Kendra Jammu, from the charges of possessing assets disproportionate of his known source of income, after seven years of trial, the Additional Sessions Judge Anti Corruption Sanjeev Gupta took serious note of the Investigating Officer, the then Additional SP CBI/ACB, TSC Bose, who investigated the case, for wrongly computing the alleged disproportionate assets of the accused.
The Court observed that the case has not been properly investigated by the Investigating Officer in as much as he had not relied upon majority of material documents produced by the accused in his defence and exhibited during the trial of the case, though he has admitted in his deposition that documents in question were produced before him by the accused during the course of investigation and were proved during the trial which was major reason for set back to the prosecution case as projected by it in the charge-sheet. Had the Investigating Officer taken a little bit pain to verify the genuineness and authenticity of said documents in a professional manner, being a member of primer investigating agency of India, there was every likely-hood that accused may not have been charge-sheeted in the Court. The prosecution has miserably failed to prove against the accused beyond any reasonable shadow of doubt and the accused is accordingly acquitted of the charge framed against him, the Court ordered.
The house articles including (60 tolas of gold) already released in favour of the accused vide order dated May 15, 2004, bank and post office documents seized in the case shall be released in favour of accused only after the period of expiry of appeal, the Court directed..
After hearing senior Public Prosecutor for CBI and Advocate Abhinav Sharma for the accused and also going through the details of the case, the Court observed that from the conclusion it can be safely said that investigating officer TSC Bose has wrongly computed the alleged disproportionate assets of the accused and as against an aggregate income of Rs 37, 94, 973 which was available to the accused during the period in question, accused possessed total assets worth Rs 28, 10, 897, the assets possessed by the accused were thus less than the total income of the accused as such it cannot be said that assets found in the possession of the accused during the check period were disproportionate to known source of income and accordingly prosecution has not succeeded in its case. JNF
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