Lacunae in police case leads to acquittal of 6 cops

Excelsior Correspondent
JAMMU, Nov 8: Special Judge Anticorruption Jammu Sanjeev Gupta today acquitted six police cops namely Pardeep Kumar, Mohd Yousuf, Mohinder Singh, Narinder Kumar, Ram Lal and Onkar Nath, who were facing trial in corruption case, as there were lacunae in the police case.
According to the police case, accused persons were posted at different offices of police establishment at Jammu in the year 2005. Accused Pardeep Kumar, Head Constable was Incharge Verification Branch District Police Office Jammu while as accused Mohd Yousuf (Constable) was posted in the OSI Branch at DPO Jammu as Incharge deploying SPO.
Similarly, accused Mohinder Singh (Constable) was posted in the office of IGP Jammu while as accused Narinder Kumar (Constable) was posted in the office of ZPHQ Jammu and accused Ram Lal and Onkar Nath, both SPOs in the office of RPHQ Jammu.
On 14.09.2005, Bodh Raj posted as Sub Inspector at DPO Jammu received telephonic information from District Police Lines to the effect that Order Book No.1524 dated 08.09.2005 relating to appointment of three SPOs namely Koshal Sharma, Lucky Kumar and Darshan Lal issued by DPO Jammu was a forged one in as much as the Belt No.515/SPO-J allotted to SPO Koshal Sharma by virtue of this order was already allotted to one Krishan Kumar posted as SPO at Police Station Bakshi Nagar.
During the verification of order in question from the office, it was found that order No.1524 in fact was issued on 07.09.2005 which pertains to the finalization of enquiry against constable Shakeel Bhat No.2166/J. Thereafter, a written report was sent to the then Senior Superintendent of Police Jammu Mukesh Singh for registration of FIR against the accused persons whose complicity initially surfaced during the preliminary enquiry conducted by Nasir Ahmed, the then DySP (DAR) Jammu in the preparation  of fake appointment orders of the SPOs.
After the registration of FIR by the SHO Police Station Pacca Danga Jammu on the written direction of SSP Jammu vide his letter dated 17.09.2005 and after completion of investigation challan was presented.
After hearing both the sides in length, the court observed, “conclusion that emerges from the discussion held is that the prosecution case has so many serious lacunae. The oral evidence is short of proving the guilt against the accused and the documentary evidence is either inadmissible or irrelevant”.
“Therefore, it would not be safe to fasten criminal liability on the accused on the basis of such evidence  meaning thereby that prosecution has miserably failed not only to prove its case against the accused with regard to the offences under Prevention of Corruption Act but also other offences with which they have been charged”, the court said while dismissing the case and acquitting the accused.

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