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Court acquits accused challaned by CB in misappropriation case
CB eats 'humble pie'
2/22/2012 11:54:27 PM
EARLY TIMES REPORT
Jammu, Feb 22: Special Judge Anticorruption Jam-mu today acquitted Tarsem Raj then cashier of Handloom Office Kathua for misappropriation of Rs 74369/- and took serious note of Investigating Offi-cer for conducting investigation in this regard.
Special Judge Antico-rruption Jammu Pawan Dev Kotwal today acquitted Tarsem Raj then cashier of Handloom Office Kat-hua for misappropriation of Rs 74369/- on drawn from the treasury on July 24, 2002 and same is shown to have been disbursed on July 23, 2002. Special Ju-dge Anticorruption Jammu in a 20 pages acquittal order after hearing CPO for the Crime Branch and Advs Puneet Kohli & Rajesh Kumar appeared for the accused, took serious note of Investigating Officer for conducting investigation conducted by Kalu Ram Tak lapsed. Non-Examina-tion of Investigating Offic-er may not be of any consequence for the prosecution case whether the case is otherwise established by the direct evidence, but there are serious lapses in the investigation which were required to be explained by the IO and therefore, non-examination of IO has caused pre-judice to the accused.
Court further observed that in totality the circumstances, Court is of the considered view that prosecution has failed to establish charge against the accused beyond every shadow of doubt, the benefit of doubt is given to the accused and he is acquitted the charges leveled against him. (JNF)
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