Excelsior Correspondent
JAMMU, Sept 8: High Court has set-aside the conviction of Patwari Ghulam Mohammad, who was awarded two years imprisonment by the 1st Additional Sessions Judge Baramulla (Special Judge Anticorruption Baramulla / Bandipora / Kupwara).
After hearing both the sides, Justice Mohammad Akram Chowdhary observed, “it is well settled that in absence of the evidence regarding demand of bribe, the appellant-accused cannot be held guilty on the basis of the evidence, unworthy of acceptance”.
“After going through the entire evidence, I am of the view that there is no acceptable evidence to prove demand and acceptance of the bribe money within the meaning of Section 161 RPC. Under these circumstances, the findings of the trial court that the prosecution has established the charge of demand and acceptance of bribe with ultimate recovery of tainted money from the accused-appellant, cannot be accepted and agreed”, Justice Akram said.
High Court further observed, “having regard to the factual background and the law laid down on the subject, it is held that the trial court has not appreciated the evidence properly and thus reached a wrong conclusion to hold appellant/accused guilty of the offences of which he was charged”.
With these observations, High Court allowed the petition and set-aside the conviction and sentences awarded to the appellant.
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