Excelsior Correspondent
JAMMU, Sept 27: Special Judge Anticorruption, CBI Cases, B L Bhat today acquitted C L Ganjoo, the then SDE-II BSNL Bari-Brahmana, who was apprehended by the CBI in a trap case. The Court also issued notice to the complainant to show cause as to why he should not be prosecuted for perjury.
According to the CBI case, one Vinod Kumar lodged a complaint mentioning that C L Ganjoo was demanding Rs 1,000 from him as bribe for feasibility clearance regarding his STD/PCO connection. On this complaint, a case was registered and accused official was arrested while accepting bribe. After completion of investigation, challan was presented in the Court.
After hearing SK Bhat, Special PP for CBI whereas, Advocate KK Sharma for the accused, Special Judge Anticorruption observed, “prosecution has failed to bring home guilt of accused beyond reasonable doubt. Substantive evidence of demand and acceptance of bribe is lacking and the recovery of tainted money is devoid of circumstances in which presumption in terms of Section 4 of J&K PC Act, 2006 can be drawn to shift onus upon the accused”.
“This is a case where complainant has played truant with regard to vital question of demand and acceptance of bribe. The circumstances in which the tainted money has been recovered do not justify drawing of presumption of guilt. The investigation smacks of unfairness on vital aspects”, the Court said, adding “complainant has been found making self contradictory statements with regard to allegations of demand of bribe in his written complaint and the deposition made at the trial. Prima facie complainant appears to be guilt of perjury”.
With these observations, the Court acquitted the accused of the charges framed against him. The Court also issued notice to the complainant to show-cause as to why he should not be prosecuted for perjury.
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