Excelsior Correspondent
JAMMU, Aug 23: Principal Sessions Judge Udhampur, A K Koul has acquitted Prabhu Dass, son of Tej Ram of Martta Ramnagar, who was posted as Postal Assistant in Post Office Marta from October 2001 to July 2004 and allegedly misappropriated Rs 18100.
After hearing both the sides, Principal Sessions Judge observed, “the onus of proving the guilt is always on prosecution which shifts to accused rarely. It has already been pointed out that evidence on record is miserably short of proving that the accused, during the relevant period, was sitting on the saving account counter of the Post Office and was authorized to receive money, make the entries in the official record and remit the money to the Government chest”.
“It is also not proved convincingly that accused had dominion over the money which was allegedly defalcated. The prosecution has even failed to establish as to when the fraud, if any, was detected”, the court said, adding “admitted prosecution version is that accused refunded the money back on June 24, 2005. If he did so before the fraud was noticed then complexion of the prosecution case gets changed and scales tilt in favour of the accused”.
“The person whose money was allegedly embezzled by accused does not support the prosecution case. The report has been lodged after about four months. All these facts taken cumulatively do suggest nothing but the failure of the prosecution to prove the case beyond all shadows of doubt”, the court said while acquitting the accused of the charges framed against him.
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