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| Court Acquitted Sales Man Food& Supply after 16 years involved in embezzlement of rupees in laces | | |
Srinagar, October, 28:- Special Judge Anticorruption Jammu Mr. JR Kotwal today acquitted Abdul Kabir the then Sales Man Food & Supplies Department Massoo Tehsil Paddar District Doda who was facing trial and investigation from 1990 for his alleged involvement in misappropriation of food-grains valuing Rs more than four laces.
In the 21 pages acquittal judgment Mr. JR Kotwal Special Judge Anticorruption Jammu after hearing Senior Prosecuting Officer appearing for the VOJ and Advocate R K Kachroo appearing for the accused observed that between, June 1989 to April 1990 it is recorded in the audit report receipts have been verified from the dispatches of Food store Galhar (Gulab Garh) and remittances have already been verified from the treasury up to April 1990 and afterwards the remittance have been verified from the original treasury receipts. In the statement of Shiban Krishan Kak who with the assistance of Abdul Qayoom had conducted the audit reported in the audit report that they had audit the accounts from the record of the accused had submitted the audit report in is office. Court took serious note of the investigation conducted and said that the investigation in this case have failed to collect the available direct evidence to prove the delivery and entrustment of actual quantity of food-grains to the accused during his tenure as sales man. Such evidence could have been easily collected by scrutinizing, seizing and producing before this court the record of Galhar Store from where food-grains was supplied to Massoo Depot and examining store-keeper in proof thereof, in particular by proving before this court the receipts which were issued by the accused the challans after receipt of the consignments at the depot. This would have been taken as direct and primary evidence of entrustment. Statement of Sewa Ram store-keeper of Gulhar Store in support of the said record would have clinch the matter and proved as to how much food-grains was supplied to the accused, such evidence, if duly collected and adduced before this court read with audit report may have enable the prosecution to discharge the onus of proving the factum of entrustment and in that case burden of showing due disposal of the entrusted food-grains would have shifted to the accused.
Court further took serious note of the investigation and further observed that it appears the investigating officer in this case had resolved to the shortest cut of collecting the audit report and available record from the office of Director Food and Supplies with even explaining as to whether the audit conducted was a report of investigation of the case and ascertaining the source of record examined by them. Though Sewa Ram store-keeper of Gulhar Store as been examined as prosecution witness but his statements is confined only to the fact that supply to the depot in question was made from the said store and to the procedure involved in the said supply. When asked in the court, he refused knowledge as to how much ration he supplied to Massoo Depot rightly so nothing in this regard could have been expected from him in the witness box unless the record of Store was examined by the IO in his presence and produced before this court for perusal.
In the acquittal judgment Mr. JR Kotwal Special Judge Anticorruption Jammu further observed that the charge report neither can be relied upon nor is sufficient to prove the charge against the accused, prosecution has failed to prove the factum of entrustment of a particular quantity of food-grains to the accused in his capacity as Store-Keeper of the depot much less the misappropriation by him. The offence of criminal breach of trust or criminal mis-conduct is not made out and the accused is acquitted from the charges. |
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