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| After quarter century trial, hexagenarian gets 2 year jail term, Rs 6 lakh fine | | | Early Times Report
Jammu, July 30- After 26 year long investigation and trial the then storekeeper PDP Udhampur has been awarded two years trial and a fine of Rs.6 lakhs. The Special Judge Anticorruption Jammu BL Bhat awarded the sentence today to the accused storekeeper Sameer Chand Khajuria for misappropriating over Rs.6 lakhs.
In his 36 page judgment the Special Judge Anticorruption, after hearing Chief Prosecuting Officer Purshtom Sharma appearing for the Vigilance Organization and Advocate MP Gupta appearing for the accused, and after goning through the record of the case, observed that accused cannot escape liability for criminal misappropriation of shortage regarding the balanced amount. He is accordingly held guilty of having committed offence of criminal misappropriation and criminal misconduct with dishonest intention. The accused is convicted u/s 409 RPC and 5(2) r/w section 5(1) (c) J&K PC Act 2006. It appears that while offence of criminal misappropriation committed by a public servant warrants a severe sentence, in the instant case some mitigating factors warrant a lenient view. The accused is more than 60 years old. The offence has been committed in the year 1982-1983. He has faced the agony of investigation protracted trial spanning a quarter century. Taking these factors into consideration, the accused is convicted and sentenced to undergo imprisonment for one year on each count. He is also sentenced to pay a fine of Rs 6 lakhs which shall be recovered from his estate unless paid with in 30 days from today. All the sentences shall run concurrently, the Court ordered.
According to the prosecution case during the physical verification of the store of civil investigation and design division Udhampur, an outstanding of Rs.11 was found and a case was accordingly registered by the VOJ under FIR No 31/1985 for offence 5(2) Prevention of Corruption Act 2006, r/w section 409 RPC. During the investigation it was revealed that Sameer Chand Khajuria then Store-Keeper in connivance with accused CL Raina then Executive Engineer had committed embezzlement in the store to the tune of Rs 6, 10, 657 by abusing their official position as public servants and obtained undue pecuniary benefits by illegal means. The investigation culminated in filling of charge-sheet against both the accused u/s 5(2) PC Act 2006, RPC 409 r/w section 120-B RPC.
Court on September 6, 1993 discharged accused CL Raina. Vigilance Organization in a revision challenged the order of discharge. The High Court allowed the revision petition and the order of discharge was set-aside. However, in SLP filed by the accused CL Raina before the Apex Court, the High Court order was set-aside. Thus only Sameer Chand was put on trial for charges u/s 5(2) PC Act 2006 r/w section 409 RPC. JNF
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