Excelsior Correspondent
Srinagar, July 17: High Court has awarded six month imprisonment to Tehsil Supply Officer (TSO) of Food and Supplies Department for promising to provide a job to the complainant after taking a bribe from him.
Justice M A Chowdhary has reverted the judgment of the trial court whereby the accused-Abdul Aziz Mirza was acquitted from these charges and held that the trial court has committed an error while giving the accused benefit of doubt.
The State-prosecution has assailed the acquittal of accused in the instant appeal and the court allowed the same after the prosecution counsel satisfied the court that the prosecution by leading cogent evidence has proved that the accused-Mirza has demanded bribe of Rs 22,000 from the complainant to secure a job for him in the Food & Supplies Department.
Sr. AAG further argued that the accused had misused his authority with the intention of causing wrongful gain to him and wrongful loss to the complainant which is a sheer abuse of his position or authority in doing that thing.
The complainant alleged that the accused neither arranged employment for him nor returned money despite having been approached a number of times and subsequently on receipt of this complaint, a preliminary enquiry was conducted through concerned SDPO and it was found the allegations having been ‘prima facie’ established as such, a case was registered for the commission of offences punishable under Prevention of Corruption Act
Justice Chowdhary while allowing the appeal of prosecution and holding the accused-Mirza guilty of offence said, the trial court while acquitting the respondent-accused had not taken a pragmatic approach and devised a method to record acquittal of the accused against whom the prosecution had proved its case by leading sufficient, cogent and credible evidence.
“The minor discrepancies in the case have been relied upon to throw away, an otherwise proved case, against the accused, by the prosecution by leading credible evidence, to have proved the demand of gratification by the accused and receipt of the amount in presence of the witnesses, as such, the prosecution has succeeded to prove its case to bring home the charges against the accused/respondent to have committed criminal misconduct as a public servant, for the commission of offences punishable under the PC Act”, Justice Chowdhary recorded.
Court having regard to the discussions and the observations made, allowed the appeal of the State-prosecution by setting aside the trial court judgment. “As a result, the respondent/accused is convicted for the commission of offences punishable under the PC Act. Since the respondent/accused was alleged to have committed the offence in the year 1997, now at this stage of the case, a lenient view has to be taken while imposing sentence of punishment”, court said.
“…punishment of imprisonment can be further lowered to six months. The respondent/convict is sentenced to an imprisonment of six months and fine of Rs 20,000 for the commission of offences. In default of payment of fine, he shall undergo further simple imprisonment of one month”, court directed.
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