Prosecution failure leads to acquittal of CDO in trap case

Excelsior Correspondent

JAMMU, June 25: Special Judge Anticorruption Kashmir RN Wattal has acquitted Mehraj ud din Kalla (Chinar Development Officer, Kashmir) as prosecution miserably failed to prove its case.
As per the case, one Mohd Amin Dar, son of Gh. Hassan Dar of Goripora Pulwama filed a written complaint before VOK with the averments that he moved an application before Deputy Commissioner Pulwama for seeking permission for felling of decayed Chinar tree located in the compound of the residential house of his in-laws at Pampore endangering the life of the inhabitants.
The application was forwarded to Chinar Development Officer for report through the complainant. However, CDO’s subordinate Bashir Ahmad Dar told the complainant to arrange Rs 5000 as illegal gratification for Chinar Development Officer for furnishing the requisite report.
On the complaint, VOK laid the trap and later case was registered against the CDO.
After hearing both the sides, the court observed, “the rule of criminal jurisprudence is that the prosecution has to prove the guilt against the accused beyond any reasonable doubt and when doubt is created in the prosecution case, the accused is to be benefited”.
“In the instant case, I am of the considered view that prosecution has miserably failed to sustain the charge against the accused beyond any reasonable doubt. The charge sheet is dismissed and accused is accordingly acquitted”, Special Judge Anticorruption said.

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