Prosecution failure leads to acquittal in trap case

Excelsior Correspondent
JAMMU, May 26: Special Judge Anticorruption Jammu Sanjay Dhar today acquitted Subash Raina, the then Accounts Assistant Additional Treasury New Plots Jammu, who was caught red-handed by the Vigilance Organization Jammu while demanding and accepting Rs 2000 as illegal gratification from the complainant for releasing family pension in favour of her mother.
After hearing Advocate SC Bali appearing for the alleged accused, Special Judge Anticorruption observed, “from the material on record, it becomes clear that the very genesis of this case is based upon personal grudge and enmity between complainant and accused. As has been already noted, a number of criminal complaints have been lodged against accused prior to lodging of the report which resulted in present charge sheet”.
“It has been stated by Surinder Sharma, Sanjay Nagpal and Ravi Kant Sharma, who were members of the trap team, that accused immediately after the trap shouted that complainant had taken revenge upon him for her old enmity by falsely implicating him”, the court observed, adding “the evidence on record shows that accused, even at the time of trap proceedings, had pleaded his innocence and cried hoarse about his personal enmity with complainant. Thus the conduct of the accused immediately after the trap proceedings, supports his defence that genesis of the complaint was personal enmity between him and the complainant”.
“If the TLO and the independent witnesses would have questioned the complainant properly on this aspect of the case, they would have definitely come to know that her long standing enmity with accused, had prompted her to lodge the complaint against the accused. It appears that neither TLO nor the independent witnesses have taken trouble to do so and this has resulted in an illegal trap”, the court said.
With these observations, court acquitted the accused from the charges leveled against him.