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| CJM convicts accused for cheating MGNREGA, awards 02 yrs Imprisonment | | | Early Times Report
Kishtwar, Nov 30: The Chief Judicial Magistrate (CJM) Kishtwar, Balbir Lal Jaswal today convicted one Sanjay Kumar of Keshwan Kishtwar for the offences under section 420/417 RPC and awarded 2 years imprisonment and fine of Rs. 2000/- under section 420 PRC , while 6 months imprisonment and fine of Rs. 2000 under section 417 RPC for committing cheating by duping MGNREGA job card holders.
As per the details available with "Early Times", the matrix of the prosecution which set the judicial mechanism into motion stated that the pass books and job cards of the complainants was forcibly taken by the accused Sanjay Kumar and Raj Kumar Son Mohan Lal both residents of Keshwan and thereby have withdrawn money from their bank accounts and an FIR against these persons was registered under FIR No. 42/2013 P/S Kishtwar U/S 419/420/382/506 RPC at initial stage and the investigation of the case was handed over to I/C PP Thakrie ASI Javed Manhas. After two years and five months trial, the Chief Judicial Magistrate (CJM) Kishtwar Balbir Lal Jaswal judgment referred several verdicts of Apex Court and various High courts and also held the Sanjay Kumar s/o Som Nath r/o Keshwan Kishtwar found guilty and offences under section 417/420 RPC with the verdict.
Court said taking in consideration to all the facts and circumstances of the case, the accused is convicted for the commission of the offence u/s 417 RPC for the terms of six months simple imprisonment and fine of Rs.2000/-. "In default of payment of fine he shall further undergo the simple imprisonment of one month" and also convicted for the simple imprisonment of two years and fine of Rs.2000/-u/s 420 RPC in default of payment of fine shall further undergo the simple imprisonment of one month, court said and added both sentences awarded u/s 417 and 420 RPC shall run concurrently".
During the course of investigation the I/O recorded the statement of witnesses in terms of section 161/162 CrPC and also obtained necessary records from the concerned BDO and prepared seizure memo of the record seized in this respect. The I/O with the permission of DySP HQ also obtained Account summery of the bank accounts of the victims from the Jammu and Kashmir Bank Branch Sangrambhatta Kishtwar.
"it came to fore that the accused Sanjay Kumar has forcibly taken pass books and job cards of 8 victims and have managed to withdraw Rs 95725/- from their respective accounts, prosecution case said, while adding, "the accused also had threatened the victims to eliminate them and thus offences u/s 420/417/506/201 RPC were established against the Sanjay Kumar and offences u/s 382/419 was not established and thus dropped accordingly.
The charge sheet was presented before the court for judicial determination on dated November 6 of 2013 and charges were framed u/s 420/417/506/201 RPC against accused. The accused pleaded not to be guilty and claimed to be tried.
Pertinent to mention that this case is first of its kind in District Kishtwar where MGNREGA cheater has been convicted and will go in long way to save the poor job card holders from being cheated in future. |
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