Excelsior Correspondent
JAMMU, Aug 14: High Court has dismissed an appeal filed by the State Vigilance Organization and upheld the acquittal of Charan Dass, Superintendent of Examination, Prem Kumar, Deputy Superintendent Examination and Supervisor Parshotam Sharma.
The allegation against these persons was that they had demanded money from the candidates appearing in 12th biannual examination conducted in September 2001 for allowing them to indulge in copying.
After hearing both the sides, Justice Sanjeev Kumar observed, “the view taken by the trial court based on available evidence is unexceptionable and even if, upon evaluation of evidence led by the prosecution, it is possible to take a view different from the one taken by the trial court”.
“Law is well settled that while hearing an acquittal appeal, if the appellate court comes to the conclusion that on the basis of evidence on record, two views are possible, in that event, the view that favours the accused has to be taken”, High Court said, adding “the trial court has correctly returned a finding that there was no demand ever made by any of the respondents-accused and this is substantiated by the statement of complainant and other witnesses”.
“The trial court has rightly doubted the statement of shadow witness namely constable Mohd Riaz on the ground that in the presence of availability of independent witnesses accompanying the trap party, the interested witness should not have been put up as a shadow witness”, High Court said, adding “it is this witness only who deposed with regard to demand of bribe made by the respondents-accused”.
With these observations, High Court upheld the judgment passed by the trial court.
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