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| After 11 years HC upholds conviction | | |
EARLY TIMES REPORT
Jammu, August-08 (JNF):- In an appeal filed by Romesh Kumar Driver SRTC and Bansi Lal Mill owner who was convicted and sentenced by Special Judge Anticorruption on December 8, 2007 under various
sections and RPC and Corruption Act and sentenced him two years rigorous imprisonment of Rs 5000/-, Justice Mansoor Ahmed Mir of Jammu & Kashmir High Court Jammu Wing after hearing Sr. Adv Sunil Sethi assisted by Adv Veenu Gupta for the appellants upheld the sentenced of
Romesh Kumar aawarded by Trial Court and set-aside the conviction u/s 120-B RPC in which the mill owner was sentenced to under go two years imprisonment and acquitted the Bansi Lal Mill Owner.
According to the prosecution on reliable information received in the P/S VOJ on September 17, 1999 that Romesh Kumar Driver SRTC truck in connivance with officers/ officials of Food & Supplies Dept by abuse of his official position has sold the consignment of wheat meant for food& supply store Banihal, at RS Pura for pecuniary benefits causing huge loss to the state exchequer.
Investigation was started and during the investigation it was found that Romesh Kumar had left for Banihal with consignment of wheat on September 15, 1999, however, the investigating officer located the house of the suspect in Resham Ghar colony and found the truck empty parked outside his residence. The IO seized the truck and arrested the accused Romesh Kumar. On the disclosure of Romesh Kumar, 96 bags of wheat recovered from one room of mill owned by Bansi Lal. After
completion of the investigation challan was presented in the Court.
While upholding the conviction, the HC observed that there is ample evidence on the file that he was driver of SRTC and was allotted truck No 630-JKZ on the relevant date. He was entrusted with 96 bags of wheat, duty slip was issued and fuel was also given to him. Prosecution has proved entrustment beyond reasonable doubt and it was for accused Romesh Kumar to prove that he had unloaded the said wheat bags at food supply store banihal which he has failed to do so. The prosecution has proved that the said truck had not gone outside Nagrota toll post on the relevant date and it
never reached banihal. Fact of the matter is that the said truck was parked outside the house of Romesh Kumar when he was arrested. State High Court upheld the conviction of Romesh Kumar under the prevention of corruption Act and 409 (misappropriation of food grains) whereas
the Court allowed the appeal filed by the Bansi Lal owner of Mill and impugned judgment awarded by the Trial Court so far as it relates to him is set-aside. JNF
JNF/AUGUST/08/2011/2
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