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| HC dismisses appeal against acquittal | | | EARLY TIMES REPORT
Jammu, December-17 (JNF):- Justice Hasnain Massodi has dismissed the appeal filed by the Vigilance Organization against the judgment of Special Judge Anticorruption dated October 3, 2007 where the Satish Kumar then working as Dealing Assistant in the office of Asst Labour Commissioner Provident Fund who was allegedly caught red-handed by the VOJ team September 16, 1999.
According to the prosecution case a complaint was lodged by Mohd Shakeel r/o Mohalla Ustad Jammu in the Vigilance Organization alleging that on September 16, 1999, he approached the provident office for release of provident fund Rs 37702/-, the concerned dealing clerk Satish Kumar Sharma demanded Rs 1500/- as bribe from him for arranging and issuance of cheque pertaining to the provident fund of the complainant. The complainant paid Rs 500/- as first installment in presence of Bashir Ahmed and agreed to pay the second installment of Rs 1000/- when he got the cheque of provident fund. On the written report of the complainant FIR was registered and a trap was laid and accused was caught red-handed and search was conducted of the register and the tinted the money was recovered from the register and trial Court acquitted him. Against the acquittal of Trial Court Vigilance Organization filed this Criminal Acquittal appeal in the state High Court.
The Court observed that in the present case as no such recovery was made and bribe money admittedly was recovered from the register lying on the computer table. The recovery of bribe money or the result of hand wash could not lead to the presumption that there was demand from respondent. The objective appraisal of prosecution evidence reveals every aspect of the prosecution case hazy and doubtful and has been rightly held by the Trial Court to unable the prosecution to prove its case against respondents. Though there is scope for disagreement with the conclusion that the sanction is not to be accepted as one in accordance with law and the reason on which authority has such conclusion is based, yet cracks and fissures in the prosecution evidence lead to irresistible conclusion and as such the appeal is dismissed. JNF
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