news details |
|
|
| CBI fails to prove its case | | | EARLY TIMES REPORT
JAMMU, October-18 (JNF):- Special Judge Anticorruption Jammu Mr. AK Koul acquitted Jawhar Lal Misri and Inder Mohan Dhar from the charges of corruption.
According to the CBI case in which it was alleged that Jawahar Lal Misri and his brother Subash Misri purchased one short term deposit receipt for Rs 4 lacs from SBI Hari Market Jammu on May 7, 1990 favoring both and payable to either or survivor. Both accused managed to encash the STDR and therafter obtained another payment against the same STDR. On the information that Subash Misri in fact made the encashment of STDR from Talab Tillo Branch SBI on May 5, 1992 instead of SBI Hari Market which had issued the said STDR. Accused Jawahar Lal Misri in connivance with officials of SBI Hari Market Jammu dishonestly obtained a duplicated STDR on May 10, 1994 by falsely representing that the original STDR was lost and thereafter encashed the same and dishonestly obtained an amount of Rs 6, 22, 753. A FIR was registered u/s 5(2) r/w 5(1) (d) of J&K PC Act 2006 and started investigation and after completion of the investigation challan was presented in the Court of Special Judge Anticorruption Jammu.
The court after hearing SK Bhat Senior Public Prosecutor for CBI and Advocate Virender Bhat for accused No 1 whereas Adv KK Sharma appeared for the accused No 2 and also after going through the case filed by CBI and statements of the witnesses observed that in the outset it was stated that there is no direct evidence AND so circumstances have to be searched out to find a link between accused and the guilt but the circumstances from which inference of guilt could be drawn have not been established firmly and none of the circumstances brought to fore, does not point towards the guilt of the accused. Court would not be wrong in saying that chain of events is missing altogether and so the only conclusion that can be drawn is that the crime attributed to accused has not been committed by them because the circumstances are not consistent with the hypothesis of their guilt. The CBI has failed to establish the charges against the accused beyond all shadows of doubt, is the in escapable conclusion that can be drawn on evaluation of all the facts and the evidence. The arguments of senior prosecutor for CBI though attractive does not appear to have sound foundation and the prosecution case fails which is accordingly dismissed and accused are acquitted of all the charges. The aggrieved bank which had to pay the money twice for a single STDR is at liberty to recover the same from the concerned persons through appropriate proceedings. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
