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| ASI awarded Two years RI Fine 10,000 in corruption case | | Inspector and Two Constables acquitted | |
Jammu, September, 25:-Special Judge Anticorruption Jammu Mr. JR Kotwal today convicted and sentenced to undergo rigorous imprisonment for two years and fine Rs 10,000/- to Mohd Sikandar the then ASI officer-in-charge P/P Dachhan against whom a case of demanding and accepting bribe Rs 2400 and a bottle of rum, has been proved, against other accused the then Inspector Safdar Ali Peer, Abdul Latif Constable and Bashir Ahmed Selection Grade constable, the Court acquitted all these accused as there is nothing in the evidence that they had demanded or accepted illegal gratification from any of the witnesses. Court further ordered that out of the fine Rs 2500/- shall be paid to Puran Chand from whom the accused accepted Rs 2000/- as bribe and Rs 1000/- to Murli Lal from whom the accused accepted Rs 400/- and bottle of rum to compensate them for harassment and pecuniary loss.
In the 24 pages judgment Mr. JR Kotwal Special Judge Anticorruption Jammu after hearing Sr. Public Prosecutor Anil Magotra appearing for the state and Advocate SC Bali appearing for the accused persons observed that accused Mod Sikandar at the relevant time was an officer of police In-charge local police post. He represented the police force of the state as a class, every act of honour or shame committed by a person belonging to a class is generally attributed to that class as a whole. This is one of the incidences of a civilized society. This should be the reason that in the whole proceedings of a case quite often the witnesses referred to the wrong doers as the police and not as particular individual, police force of a state is entrusted with sacred duty of protecting life and property of the people. This duty becomes sacrosanct when performed in areas where the helpless populace is haunted by a number of adversities, natural and unnatural presence of a person in uniform in such areas kindles a sense of security in the mind of the populace and re-affirms their faith in the state’s concern towards them. The accused by his act had betrayed and breached that sense and faith and it is in this view that his act besides being a serious criminal misconduct was outrageous as well. The punishment to be imposed upon the accused, therefore, must match the gravity of his misconduct. But another aspect long duration of the trial (investigation) spreading over 16 years is to be kept in mind. Though a number of factors contributed to this delay but the accused persons were the main sufferers, Court observed.
According to the prosecution case, written information submitted to Governor of the state by OM Parkash, Kanshi Ram, Somnath and Saalag Ram all residents of Dachhan area of Kishtwar, after preliminary enquiry VOJ registered FIR NO 71/90 at p/s Vigilance organization Jammu. As per the prosecution case, a special Police Team added by then DySP Headquarter Doda comprising then Inspector Safdar Shah Peer, ASI Mohd Sikandar, Bashir Ahmed Havaldar, Mohd Iqbal Constable and Krishan Nath Havaldar deputed for investigation into murder of a Mohd Iqbal. During the investigation it has been revealed that the team demanded and accepted Rs 2000/- from witness and Rs 400 and a bottle of rum from other witness for releasing them from the police custody. After completion of the investigation VOJ presented Challan in the Court Special Judge Anticorruption Jammu, which was decided today, Court awarded two years RI and Fine 10,000 to then Incharge Police Post Dachhan Mohd Sikandar and acquitted Inspector Safdar Ali Peer, Constable Abdul Latif and Bashir Ahmed SGC from the charges.
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