Excelsior Correspondent
SRINAGAR, Jan 31: High Court has set-aside the conviction of Mohammad Mansoor Malik, the then Supervisor/Incharge Tehsil Officer CAPD Circle Zainapora Shopian, who was booked by Vigilance Organization Kashmir (VOK) for demanding and accepting Rs 10,000 from the complainant for issuing report in respect of various applications that had been endorsed to him by the Assistant Director CAPD Department concerned.
After hearing Advocate MA Qayoom for the appellant whereas Senior AAG Mohsin Qadiri for the UT, Justice Vinod Chatterji Koul observed, “in a criminal case, the court has a duty to ensure that mere conjectures or suspicion do not take the place of legal proof. The large distance between ‘may be’ true and ‘must be’ true, must be covered by way of clear, cogent and unimpeachable evidence produced by the prosecution, before an accused is condemned as a convict, and the basic and golden rule must be applied”.
“In such cases, while keeping in mind the distance between ‘may be’ true and ‘must be’ true, the court must maintain the vital distance between mere conjectures and sure conclusions to be arrived at, on the touchstone of dispassionate judicial scrutiny, based upon a complete and comprehensive appreciation of all features of the case as well as the quality and credibility of evidence brought on record”, Justice Koul said, adding “the court must ensure that miscarriage of justice is avoided and if the facts and circumstances of a case so demand, then the benefit of doubt must be given to the accused keeping in mind that a reasonable doubt is not an imaginary, trivial or a merely probable doubt but a fair doubt that is based upon reason and common sense”.
“The perusal of case file and trial court record leaves no manner of doubt that the prosecution in the instant case has failed to prove clearly and explicitly the demand of illegal gratification and, resultantly, the appeal deserves to be allowed and impugned judgement and order recording conviction and sentence of appellant/accused person deserves to be set-aside”, High Court said.
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