Jammu, Jan 23: Additional Sessions Judge Anticorruption Jammu OP Bhagat has acquitted Hira Lal Pandita, the then Executive Engineer, Migrant Camp Jagti, who was facing trial in corruption case for the last 10 years.
He had demanded Rs 17,000 from the complainant for the issuance of No Objection Certificate.
After hearing both the sides, the court observed that the entire prosecution case suffers from serious contradictions, which go to the root of the prosecution case and the relevant facts emerging from the prosecution case have not been proved on the basis of evidence so as to fulfill the ingredients of the alleged offences”.
Court added that, so on an overall appreciation of evidence on record, in the context of the elucidation of law pertaining to proof of the ingredients of Sections 5(1)(d) read with 5(2) & 4-A of PC Act, I am of the considered opinion that the prosecution has failed to produce any cogent and convincing evidence so as to prove the demand and acceptance of the amount as bribe, beyond any reasonable doubts and in the absence of proving the demand and acceptance, presumption cannot be raised against the accused merely on the strength of the recovery of tainted money from possession of the accused.
The law on the subject is clear that mere recovery by itself cannot prove the charge of the prosecution against the accused, in the absence of any evidence to prove payment of bribe or to show that the accused voluntarily accepted the money knowing it to be bribe & in the instant case, there is no cogent evidence on record to establish that the accused had demanded or voluntarily accepted the money”, the court said. The court further said, “the circumstance in which it was recovered is not sufficient to prove the guilt of the accused.
The evidence of complainant is found not trustworthy on the demand and acceptance, the case of the prosecution falls in the category of doubtful cases.
Therefore, the challan is dismissed and accused is acquitted of the charges leveled against him”.
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