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| Court acquitted accused after 26 years investigation and trial in alleged misappropriation case | | | Jammu, February 03,
2nd Additional Sessions Judge Jammu Mr. AK Koul today acquitted one Bodh Raj s/o Tirath Ram r/o Sheedi Chowk, Jammu after 26 years who was facing investigation and trial in a case of embezzlement of Rs 5500/- in the year of 1980 while he was working in the Education Department.
While acquitting the accused from the charges u/s 420, 467, 409 RPC and also after hearing Advocate Rupak Ratta appearing for the petitioner and perusal of the record observed that so far as the forgery part of the case is concerned, same has to be ruled out because do not having any cogent evidence on record to establish the crime. Another limb of the charge, whether accused received the amount from treasury and misappropriated it, some treasury/bank official stated that accused would usually present the bills in the treasury may not suffice, because it was his duty to do so. Did he present bills in question, before the treasury and received the amount is the moot point? The signatures of accused on the bills as a token of receipt of money could be proved by expert, but none of the 3 cases can operate here and reasons have been spelt out. So the evidence on record is totally deficient to fasten the liability of the crime on the accused.
Court is of the opinion that the entire exercise conducted by prosecution has ended in futility. The evidence, which could genuinely link the accused with the crime, is missing. The prosecution is miserably failed to prove the case as such the case is dismissed and accused is acquitted from the charges leveled against him.
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