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SRTC Employee facing trial in fraud of Rs 1.0 lakh acquitted
3/1/2012 12:20:15 AM
EARLY TIMES REPORT
Jammu, Feb 29: Special Judge Anticorruption Jam-mu has acquitted one Suraj Parkash s/o Pritam Lal then Mechanic Test Driver SRTC Jammu who was facing trial for the misappropriation of Rs 1, 26, 800/- for the last 12 years.
Special Judge Anticorru-ption Jammu Pawan Dev Kotwal after hearing Adv KS Charak appearing for the accused observed that to the utter surprise of this Court not even a single report has been seized by the police.
Court is of the view that explanation is not plausible as even in these circumstances atleast few or one or two reports could have been collected from the concerned courts and sent for hand-writing comparison.
Either with signature of the accused or his admitted signature/handwriting. But no such effort has been made and rather, one of the witnesses deposed that copy of report remains in the police record of police station and he had seen the reports of the accused in CD file. But neither copy is produced nor CD file for perusal of the court. The prosecution witnesses are the police officials who on the requisition of VOJ, sent list of vehicles mechanically checked-up by the accused during the relevant period.
With these observations Court dismissed the challan as prosecution has miserably failed to establishment entrustment or receipt of fee by the accused as alleged in the charge-sheet and consequently the charge of misappropriation against accused beyond every shadow of doubt and the accused from the charges leveled against him and further observed that finding of this Court in this case shall have no baring on the departmental action which the department may proposed to take against the accused or has already initiated.
According to the prosecution case that a preliminary enquiry was conducted by Vigilance Organization Jammu into the allegation of misappropriation of fee collected on account of conducting mechanical inspection of the vehicles involved in accident cases. During investigation a separate case against FIR No 72/99 for the offence u/s 5(2) PC Act SVT 2006 was registered against alleged accused Suraj Parkash and investigation was commenced. During the investigation then Mechanic/Test Driver conducted Mecha-nical Inspection of the Vehicles with effect from 1996 to 1998 as per the list charged amounting Rs 1, 27, 000 but deposited only Rs 200/- and balanced amount of Rs 1, 26, 800/- has been misappropriated by the accused.
After completion of investigation challan was presented in the Court of law. (JNF)
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