Excelsior Correspondent
JAMMU, July 13: The High Court has set-aside the acquittal of the then Tehsil Supply Officer (TSO) Abdul Aziz Mirza in corruption case recorded by the Anticorruption Court in year 2010.
After hearing both the sides, Justice M A Chowdhary observed, “Trial Court while acquitting the respondent had not taken a pragmatic approach and devised a method to record acquittal of the accused against whom the prosecution had proved its case by leading sufficient, cogent and credible evidence”.
“The minor discrepancies in the case have been relied upon to throw away, an otherwise proved case, against the accused, by the prosecution by leading credible evidence, to have proved the demand of gratification by the accused and receipt of the amount in presence of the witnesses”, the High Court said.
“The appeal of the appellant-State is allowed and the impugned judgment passed by the Trial Court is set aside. As a result, the respondent/accused is convicted for the commission of offences punishable under Section 5(2) of the PC Act and Section 161 RPC”, the High Court said, adding “since the respondent/accused was alleged to have committed the offence in the year 1997, now at this stage of the case, while appeal is being decided in the year 2023, it is recorded that for this inordinate delay in disposal of the case by the Trial Court in the year 2010 and by this court now, a lenient view has to be taken while imposing sentence of punishment”.
“Though the offences of which respondent has been convicted are punishable with a minimum punishment of one year imprisonment and fine, but for special reasons to be recorded, punishment of imprisonment can be further lowered to six months. Thus the respondent/convict is sentenced to an imprisonment of six months and fine of Rs 20,000”, the High Court said.
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