Excelsior Correspondent
JAMMU, July 31: Special Judge Anticorruption Jammu Sanjay Dhar has acquitted one Arjun Singh, an official of Board of School Education as the State Vigilance Organization failed to prove its case beyond reasonable doubt.
According to the Vigilance case, on February 15, 2008, one Sajjad Hussain Shah lodged a written complaint alleging therein that he had applied to Board of School Education (BOSE) Jammu for correction of his parentage in his matriculation certificate.
However, Arjun Singh, an employee of BOSE working in the Registration Section demanded a sum of Rs 1500 for issuing the correct certificate. The complainant, instead of paying the bribe amount to the concerned employee, approached Vigilance Organization Jammu and lodged the report.
Upon this complaint, a trap was laid and the BOSE employee was nabbed. After completion of investigation, challan was presented in the court of law.
After hearing both the sides, Special Judge Anticorruption observed, “from the critical examination of the evidence on record it is clear that the prosecution has failed to prove demand and acceptance of illegal gratification”, adding “there is no presumption of guilt against accused under Section 4 of Prevention of Corruption Act”.
“Before the accused is called upon to explain how the amount in question was found in his possession, the foundational facts have to be established by the prosecution, which in the present case has not been done. In the instant case the prosecution has not only failed to prove the demand and acceptance of illegal gratification by accused but the recovery of tainted money from accused is also full of suspicion”, the court observed.
With these observations, court acquitted the accused from the charges leveled against him.
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