Excelsior Correspondent
JAMMU, Feb 1: High Court has set-aside the conviction and sentence of two years awarded to Roshan Lal Bhagat, the then Additional Treasury Officer Thathri in corruption case.
After hearing Advocate Nirmal Kotwal for the appellant, Justice Mohal Lal said, “there is no legal evidence on record to prove that appellant/convict has committed the forgery. The direct evidence/the circumstances as relied upon by the prosecution are not strong enough indicating the involvement of appellant/convict in the commission of crime and all the circumstances are not compatible with the possibility of guilt of the accused”.
“The witnesses examined by the prosecution have not been able to putforth in their evidence a ring of truth, so as to inspire confidence in this court. Evidence of prosecution witnesses, is therefore, qualitatively and quantitatively, insufficient to bring nexus between appellant/convict and commission of the offences indicted against him”, Justice Mohan Lal said, adding “this renders the entire story of prosecution as incredible and unbelievable in the manner projected by the prosecution”.
“On proper assessment, evaluation and estimation of the evidence adduced by the prosecution, the evidence appears to be weak, fragile, lacking in credibility, does not prove connecting link between the accused and commission of offences. It would be highly dangerous and hazardous to hold the appellant/convict guilty of offences alleged against him on the basis of weak, shaky and unacceptable evidence”, High Court said.
“The whole case of the prosecution, therefore, becomes doubtful as such the impugned judgment and order of conviction dated 06-05-2009 rendered by the court of Addl. Sessions Judge Anti Corruption Jammu in challan titled State Versus Roshan Lal Bhagat based on surmises, assumptions and presumptions is unsustainable in the eyes of law and the same is set aside/quashed”, High Court said.
Accordingly, Roshan Lal Bhagat was acquitted of the charges leveled against him.
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