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| 7 yrs 'rigorous imprisonment' to cop for making appointment on fake orders | | | Early Times Report
Jammu, Jan 10: Special Judge Anticorruption Jammu today awarded seven years RI to Mohd Ashraf Head Constable posted in the office of ADGP, HG/CD for issuing fake orders for the appointments of constable.
Special Judge Anti corruption Jammu Pawan Dev Kotwal today awarded seven years RI to Mohd Ashraf Head Constable posted in the office of ADGP, HG/CD for issuing fake orders for the appointments of constable.
Special Judge Anticorruption Jammu Pawan Dev Kotwal today after hearing CPO Kulbushan Sharma for the Crime Branch and Adv Rajesh Kotwal appeared for the accused persons and observed that Court is of the considered view that, prosecution has failed to establish charge against the accused Ram Krishan Wattal, Mohd Hussain and Romesh Chander and therefore they are acquitted of the charge.
However, there is sufficient evidence establishing charge of forgery punishable under sec.467 RPC against the accused Mohd Ashraf beyond every shadow of doubt and therefore he is held guilty of the said offence, court observed.
As far as quantum of sentence is concerned, though, offences proved against the accused are heinous and offenders of such criminal acts need to be dealt with sternly so as to restore trust of the people especially youth aspiring for recruitments, however, mitigating circumstances, if any, are also required to be considered. Keeping in view all the facts and circumstances of the case, the accused is convicted and sentenced to rigorous imprisonment for five years and to pay fine to the tune of Rs.20,000/ under sec.467 RPC.
He is also convicted and sentenced to rigorous imprisonment for two years for the offence under sec. 5(1)(d) read with 5(2) Prevention of Corruption Act Svt.2006 and to pay fine to the tune of Rs.10000/-. Court further clarified that both the sentences shall run concurrently.
According to the Crime Branch case that a letter dated December 7, 2001 regarding alleged fake orders to have been issued from PHQ.
It is clear that from the above mentioned letter of PHQ that order in question is fake and forged vide which 10 candidates of Jammu Division have been appointed as constables in J&K Auxiliary Police II Bn Jammu.
A case against FIR No 444/01 was registered at Police Station Gandhi Nagar, u/s 467,468,420,471 RPC and investigation was commenced.
During investigation it was found that at the relevant time i.e. 12.10.2001 to Dec.2001, accused-1 and accused-4 were posted in the office of ADGP, HG/CD as Head constable/M and constable/M, respectively. Accused-2 and Accused-3 were posted in the office of Commandant, IInd Bn. Auxiliary Police Jammu as ASI/M and Constable respectively.
All the accused hatched a conspiracy and in pursuance thereof started motivating people that they can arrange recruitment of boys and in the process, accused-2 received from accused-5 and accused-6 Rs.60,000/- each as bribe and paid this amount to accused-1. accused -4 received from Sham Lal, Karan Sharma, Rajesh Kumar, Asha Dhari and Mohan Lal Rs.70,000/- each and from Rakesh Kumar Rs.80,000/- as bribe and paid the entire amount to accused. Meanwhile accused-3 received from Tilak Raj and Surinder Kumar Rs.70,000/- each as bribe and paid the entire amount to accused. All the four accused persons, therefore, in misuse of their official position collected Rs.6,90,000/- as bribe from the above candidates assuring them employment and used the money for their own benefits. (JNF) |
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