Excelsior Correspondent
POONCH, Nov 27: Principal District and Sessions Judge Poonch, Tahir Khurshid Raina has acquitted two persons namely Chatter Singh and Khazan Singh of the charges of forgery and cheating.
According to the case before the court, on a complaint Vigilance Organization lodged FIR and started investigation during which it came to the fore that accused Chatter Singh at the time of his appointment as teacher in 1973 entered into a criminal conspiracy with accused Khazan Singh, who was then working as Junior Assistant in the office of Tehsil Education Officer Poonch and Netar Parkash (presently dead), who was Head Assistant in DEO Poonch and got his year of birth mentioned as 1951 instead of 1947.
The exact date of birth as 24.4.1947 was ignored and instead 24.4.1951 was written on the service book by accused Khazan Singh with the connivance with other two accused. Due to this instead of retiring in 2005 accused Chatter Singh served for two years more and thus caused wrongful loss to the State exchequer and wrongful gain to himself.
Prosecution found them guilty of offences under Section 420, 467, 468, 471 and 120-B RPC and accordingly challan was filed which was committed to Sessions Court Poonch for trial of the accused.
After analyzing the whole evidence, court found that the case was based on circumstantial evidence and prosecution had to prove all the facts beyond reasonable doubt which should only lead to one hypothesis that accused have committed the offences. “However, it is not proved that there was any conspiracy hatched by the trio to commit the crime”, the court said, adding “once the important link in the case is not proved whole case gets demolished on this count”.
However, court adverted to evidence afresh whether forgery was committed or not and opined that no prosecution witness proved the fact that handwriting was of accused Khazan Singh as set up by prosecution. “Even his specimen handwriting was not sent to FSL for expert opinion. Moreover, as per service law the first entry on service book with regard to DoB has to be attested by concerned Drawing and Disbursing Officer on the basis of original matriculation diploma “, the court said, adding “however, prosecution didn’t refer this to DDO in the case nor has seized the original or any forged certificate”.
“Again the important link in the case was to prove the writing of the accused Khazan Singh by FSL which prosecution has not done. And all these lapses were to be explained by the Investigation Officer of the case who has not come before the court as he also got died during the course of long trial”, the court observed.
“After perusal of the whole prosecution evidence, court has come to this fair and sanguine conclusion that prosecution has failed to establish guilt of the accused”, Principal District and Sessions Judge said and accordingly acquitted the accused of the charges for which they were charged and tried in the court.
Trending Now
E-Paper
Follow our WhatsApp channel