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Court acquits Revenue official
9/17/2010 9:53:36 PM
Early Times Report
Jammu, September-17 (JNF):- Special Judge Anticorruption Jammu AK Koul today acquitted Hem Raj Gupta former Section Officer Revenue Kathua who was facing trial for the last 13 years for the charges of possessing assets disproportionate to his known source of income.
According to the prosecution case FIR No 27/97 of VOJ on the charges of accused Hem Raj Gupta then SO Revenue Kathua being in possession of assets disproportionate to his known source of income and accused Arjun Dev Kohli (now dead) having connived and conspired with Lala Hem Raj Gupta then SO Revenue Kathua to amass the conceal disproportionate assets to the tune of Rs more than 21 lacs whereas accused Arjun Dev Kohli (now dead) was charged under section 120-B RPC.

The court after hearing Special Public Prosecutor RS Thakur appearing for the VOJ whereas Advocate SC Bali appearing for the accused observed that there is one more important aspect of case which cannot be lost sight of a preliminary enquiry was initiated against Hem Raj Gupta somewhere in 1992 for ascertaining whether his assets disproportionate to his income or not. The enquiry was conducted by then SP VOJ, the check period of that enquiry was 1978 to 1992 and the enquiry was closed on February 29, 1996.
A genuine question that arises is when the VOJ found accused Hem Raj Gupta innocent after a detailed preliminary enquiry in 1996, how could same Vigilance Organization induct him in a subsequent enquiry in which check period was 1982-1997.

The investigating Officer also admitted that PE was closed against Hem Raj but mischievously no detailed of that preliminary enquiry has been given in the charge-sheet. It has been established by defence that PE was pending against Hem Raj which was closed after allegation was found to be false. On another complaint soon after the first one was closed, VOJ started another investigation which culminated in this charge-sheet. But one does not understand as to how the first enquiry report could be brushed aside which was given by none other than the same agency which initiated subsequent investigation. Any way on a cumulative view of the fact in the light of the evidence adduced by prosecution and accused. Court feel that the prosecution has failed in its attempt to bring home the guilt accused Hem Raj Gupta. With these observations Court dismissed the challan and acquitted Hem Raj Gupta from the charges leveled against him. JNF
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