Excelsior Correspondent
SRINAGAR, Nov 20: Special Judge Anti-Corruption Srinagar R N Wattal has awarded three years imprisonment to Senior Assistant of Board of School Education (BOSE) for demanding and accepting bribe for issuance of fake marks card to a student.
Brief facts of the case are that one Tabasum Sajad, daughter of Mohamad Amin Bhat of Wathoora Budgam was 10th class student at Government Higher Secondary School Wathoora in the year 1998 but she failed to clear the examination and subsequently appeared as private candidate in the 10th examination.
Again she failed to quality and had to re-appear. Accordingly, she rushed to BOSE office where she met Senior Assistant Ahmad Zarger, who after collecting the re-evaluation form demanded Rs 6000 for issuing a fake pass marks card in her favour.
The girl paid Rs 6000 to the accused, who later issued a fake marks card and on the basis of that certificate Tabasum Sajad got admission and even passed PUC examination.
During the investigation into the case on the receipt of information from the concerned authorities of the Education Department, Crime Branch found 10th marks certificate as forged and accordingly offences under Section 5(2) PC Act read with Sections 420,468, 471 RPC were proved against accused Mushtaq Ahmad Zarge and Tabasum Sajad. Later, charge-sheet was laid before the court.
Vide order dated 13-08-2007 Tabasum Sajad was granted pardon in terms of Section 337 of CrPC on the condition that she makes full and true disclosure of entire facts relating to commission of the alleged offence including the alleged role of the accused Mushtaq Zarger.
After hearing counsels for both the sides, Special Judge Anti-Corruption Srinagar R N Watal observed, “prosecution has succeeded in proving its charge that accused abused his position as public servant by demanding and accepting bribe of Rs 6000 from a girl student”.
“Corruption is termite in every system, once it enters the system it goes on increasing. Today it is unbridled and has gradually become routine”, the court said, adding “corruption is indeed a biggest challenge more than that of poverty, unemployment, illiteracy and pollution. Having assumed alarming proportion, preparatory of such crimes cannot be let off conveniently. However, a balance has to be struck between the societal needs and the individual peculiarities”.
“Keeping in view the facts and circumstances and also the object of anti-corruption laws, the convict does not deserve the extreme penalty but at the same time no undue leniency can be shown to him particularly when he has shown no repentance at any stage of these proceedings”, the court said.
Accordingly, court awarded simple imprisonment for one year for offence punishable under Section 5(1) (d) read with 5 (2) of PC Act, imprisonment of six months for offence punishable under Section 420 RPC, imprisonment of six months under Section 471 of RPC and imprisonment of one year for offence under Section 468 of RPC. However, the court clarified that all the sentences shall run concurrently.
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