Excelsior Correspondent
JAMMU, Dec 13: High Court of Jammu & Kashmir and Ladakh has set-aside the conviction awarded by the Additional Special Judge, Anti-corruption, Srinagar to a Revenue official in the trap case for being not sustainable in the eyes of law.
According to the prosecution case, on 28.06.2006, an application was submitted by the complainant Mansoor Ahmed before the SSP Vigilance Organization Kashmir stating therein that he had gone to Tehsil Office, Handwara for the attestation of mutation of the land but Nazir/Junior Assistant demanded an amount of Rs 10,000 from him.
The complainant managed Rs 5,000 and then approached the VOK for taking action against the appellant. On receipt of this application, FIR No. 24/2006 under Section 5(2) of J&K PC Act read with Section 161 RPC was registered.
After completion of investigation, challan was presented and Trial Court sentenced the appellant to rigorous imprisonment for three years with fine of Rs 10,000 for commission of offence under Section 5(2) read with Section 5 (1) (d) of J&K PC Act and further two years rigorous imprisonment for commission of offence under Section 161 RPC.
After hearing both the sides, Justice Rajnesh Oswal observed, “the whole case of the prosecution is shrouded with mystery and there are un-explained gaps in the prosecution story, the benefit of which is required be given to the appellant. There is no doubt that the allegations against the appellant are in respect of commission of offence against the society but the facts established by the prosecution merely raises a suspicion on the appellant in respect of commission of offence without establishing his guilt conclusively, but the accused cannot be convicted on suspicion alone, how strong it may be”.
“The appellant deserves to be granted the benefit of doubt”, High Court said while acquitting the appellant.
Follow our WhatsApp channel
