Prosecution failure leads to acquittal of Manager SIDCO in corruption case

Excelsior Correspondent
JAMMU, Aug 17: Special Judge Anticorruption Jammu Y P Bourney has acquitted Mohammed Elyas Kraipak, Resident Manager, J&K SIDCO, New Delhi and Mohammed Iqbal Naqash, son of A R Naqash of Jawahar Nagar Srinagar, who were booked by State Vigilance Organization (presently Anti-Corruption Bureau) under Prevention of Corruption Act as prosecution failed to prove the case.
According to SVO case, on the receipt of information about the fraudulent drawal of house rent in excess by the accused Mohammed Elyas Kraipak while being posted as Resident Manager, J&K SIDCO, New Delhi, a preliminary verification was initiated which led to the registration of an FIR No. 11/2007 and setting into motion of detailed investigations which culminated into instant charge-sheet in the due course.
As per charge-sheet, Elyas Kraipak entered into criminal conspiracy with A R Naqash, who happens to be his brother-in-law, and made fraudulent withdrawals of house rent to the detriment of the public exchequer.
After hearing both the sides, the court observed, “prosecution has failed miserably to prove that the act of the accused in withdrawing the rent of his own premises in the garb of being taken on lease from the other accused and the latter having consciously facilitated these withdrawals does not meet the requirements of the offence as defined under Section 5(1)(d) of Prevention of Corruption Act since nobody from the Corporation has come forward to state that it was a calculated loss to the Corporation and undue enrichment of the accused”.
With these observations, court dismissed the charge sheet and acquitted the accused.

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