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| Accused acquitted from charges after 17 years of Trial | | | Early Times Report
Jammu, Feb 13: 2nd Additional Sessions Judge Jammu Subash C Gupta acquitted Vipan Gandotra from the charges u/s 420/468 RPC as the prosecution has miserably failed to prove the commission of offences and took serious note against the Investigating Agency. 2nd Additional Sessions Judge Jammu Subash C Gupta after hearing Additional Public Prosecutor for the State and Adv JA Kazmi for the accused observed that in comparison to the paper of share certificates cannot be considered as evidence to prove that those are forged/fake. "Brightness of the writing/printing over the specimen certificate, as compared to writing/printing available and cannot be considered as a ground for holding those as forged/fake, court observed. Court said that in modernized days, investigating agencies are supposed to take assistance of modern methods of investigation. Court already referred that the Investigating Officer should have taken pain to refer the so-called specimen share certificate and other two alleged fake share certificates to the FSL for having scientific investigation and opinion.
This exercise has, not been made by the Investigating Agency, though the Crime Branch is considered as a Special Investigating Agency as compared to local police. With these observations Court acquitted the accused Vipan Gandotra S/O Bansi Lal Gandotra from the charges u/s 420/468 RPC as the prosecution has miserably failed to prove the commission of offences for which he was charge-sheeted. According to the prosecution case that Complainant, Sushil Sharma S/O Kewal Krishan Sharma R/O H.No. 72, Panjtirthi, Jammu, lodged a written complaint with SSP, Crime Branch, Jammu, inter-alia containing that Vipan Gandotra, resident of Krishna Nagar, Jammu, has sold three hundred Apollo Tyres Shares certificates to him against a cash of Rs. 66,000/- Later on, he found the sold shares certificates, as forged.
On demand of the complainant to return money to him, said Vipan Gandotra, issued a cheque of Citizen Co-operative Bank, Moti Bazar, Jammu, in his favour, for Rs.66000/-.
However, same was dishonored for want of sufficient money in the account. It is contained in the aforesaid complaint that said Vipan Gandotra, has cheated him by misappropriating the aforesaid amount of money. On the basis of this complaint, a FIR was lodged with the Police Station Crime Branch, Jammu, vide FIR 12 of 1995 for commission of offences u/ss 420/467/468/471/406 RPC.
During investigation, it was found that Rs159 was a balance in the account no. 5683, belonging to the accused, of Citizen Co-operative Bank, branch Moti Bazar, Jammu, at the time, he issued a cheque of Rs.66,000/- in favour of the complainant, namely Sushil Sharma. It has found in the investigation that accused has intentionally sold the forged shares of Apollo Tyres to the complainant, against a consideration of Rs. 66000/-. Statements of prosecution witnesses were also recorded. After investigation, police proved the commission of offences u/ss 420,467,468,471 RPC. |
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