Early Times Report
Jammu, Apr 20: Special Judge Anti-corruption, Jammu, (CBI cases) Vinod Chatterji Koul today awarded two years rigorous imprisonment to 10 persons, including an IT official, in a corruption case.
They included CIT's lower division clerk Sudershan Kumar, son of Dhanpat, Kishore Sharma, son of Diwan Chand, R S Mehta, son of Roop Singh, Sohan Singh, son of Ranjit Singh, Rajesh Kumar Sharma, son of Sansar Chand Sharma, Tilak Raj Sharma, son of Onkar Chand Sharma, Raj Kumar Dogra, son of Sanjhi Ram Dogra, Amit Pal Singh, son of Suraj Pal Singh, Shekhar Dhar, son of M K Dhar and Tulsi Thakur, son of Shiv Lal Thakur.
All of them were facing trial under section 120-B read with sections 419, 420,467, 468 and 471 of RPC and section 5(2) read with section 5(1) (d) of J&K Prevention of Corruption Act, 2006.
According to the CBI case, a case was registered on June 23, 2003 against Sudershan, LDC, Office of Commissioner Income Tax, Jammu, Jia Lal, peon, Rajesh Kumar alias Raju Chowkidar of the IT office, Jammu, R S Mehta, Kishore Sharma and others not named in the FIR which was registered on the basis of a source information that Sudershan, Jia Lal and Rajesh Kumar had entered into criminal conspiracy with Mehta, Kishore and others in Jammu in 2002-03 and misappropriated the refund amount which was due to various income IT assesses by opening fictitious bank accounts on the basis of forged documents and in pursuance of the said criminal conspiracy the accused, by abusing their official positions as public servants, handed over undelivered IT refund orders and cheques to other accused who got opened fictitious bank accounts in the names of IT assesses in various banks and got Rs 1,57,988 encashed.
The investigation was entrusted to CBI's additional SP S K Peshin. After completion of investigation, challan was presented in the court.
After hearing counsels for the accused, the judge observed that after having considered the evidence and after evaluating the same as discussed hereinabove, the prosecution had succeeded in establishing charges framed against Sudershan, Kishore, Mehta, Sohan Singh, Rajesh, Tilak Raj, Raj Kumar, Amit Pal Singh, Shekhar Dhar and Tulsi Thakur beyond any reasonable doubt, whereas the prosecution had failed to prove the charges as far as Jia Lal and Sat Pal are concerned. Therefore, Sudershan, Kishore, Mehta, Sohan Singh, Rajesh, Tilak Raj, Raj Kumar, Amit Pal, Shekhar Dhar and Tulsi have been found guilty of the above mentioned offences. The court, therefore, convicted them accordingly, but Jia Lal Sat Pal were acquitted for want of evidence.
The court observed that keeping in view the trial of 11 years as well as the age of the accused and their health condition, the adequate sentence commensurate with the level of their guilt would be two year rigorous imprisonment on each count and a consolidated fine of Rs 50,000 each.
"They are sentenced accordingly," the court ordered, saying the substantive sentences shall run concurrently. In default of payment of fine, they would have to undergo further rigorous imprisonment of two months, the court said and ordered to lodge the accused in the district jail, Jammu, to serve the sentence. |
