| Special Judge CBI Bala Jyoti awards 3, 5 yr RI to 2 convicts | | Bogus Insurance Claim Scam | |  Early Times Report
Jammu, May 28: Special Judge CBI Jammu Bala Jyoti on Tuesday awarded 3 years rigorous imprisonment and fine Rs 10000/- to Raj Nath Tickoo and five years rigorous imprisonment to Satish Chander Wasoori in bogus insurance claim scam.
After hearing both the sides the Special Judge CBI observed that it is difficult to accept the prayer of the convicts that a lenient view be taken in this case as it is
found that both convicts are involved in criminal conspiracy to cause immense loss to State Exchequer by cheating and using forged documents as genuine & preparing false documents and reports dishonestly and intentionally.
“It should be borne in mind that corruption at all levels needs to be curved and does not deserve to be dealt with either sympathy or leniency. Greed of money and of desires can be minimized by awarding adequate punishment because corruption breeds inequality. In fact, reduction of the sentence would be adding a premium,” the court said, adding, “Having heard so, this Court is of the firm opinion that strict adherence to the ‘Prevention of Corruption Act’ is essential for safeguarding the interest of the society and for achieving the object of the Prevention of Corruption Act which is to eradicate the corruption from the society as it has become a highly infectious social disease”.
“A stringent law has no meaning if the offenders would go away with lesser punishments. Undue sympathy as asked for to impose inadequate sentence would do more harm to the justice delivery system to undermine the public confidence in the efficacy of law as it is the duty of every Court to award proper sentence having regard to the nature of the crime and the manner in which it was committed,” the court held.
“Admittedly, corruption by public servants has become a huge problem and undoubtedly its tentacles have spread everywhere. No facet of public activity has been left unaffected by the stink of corruption. In this case, both the accused persons in connivance with deceased co-accused to cheat the Oriental Insurance Company’ in pursuance to conspiracy got prepared false and forged documents those were knowingly used by the accused persons as genuine for obtaining false fire insurance claim of Rs 9,52,913/- in favour of accused convict Satish Chander Wasuri and, as such, dishonestly caused wrongful loss to the ‘Oriental Insurance Company’ by using forged documents as genuine for cheating the Oriental Insurance Company,” the court observed.
“It is apt to note that both convicts are held guilty for commission of aforesaid offences. They both have faced trial for last more than 15 years. This court hopes that during this long period of more than 15 years, when they faced consequences of their proved misconduct, they may have, by now a sense of remorse for what they did. Moreso, they have a family to run, which in fact will consequently suffer if maximum punishment provided in the statute is awarded to them, as such, taking into consideration, the cumulative effect of aggravating and mitigating circumstances and gravity of offences and overall facts, as discussed herein above, both the accused persons are, therefore, convicted and sentenced as under.
Accused / convict Raj Nath Tickoo (R.N. Tickoo), Investigator, son of late P.N. Tickoo, R/O House No. A-10, Sector-1, Tr After hearing both the sides the Special Judge CBI observed that convicts be convicted of the offences as under U/s 120-B r/w 420, 467, 468, 471 RPC.
The convicts had entered into a conspiracy with one another, submitted bogus insurance claims
The convicts obtained undue claim to the tune of Rs 9,52,913, approximately from the insurance company.
After trial, the court held accused R N Tickoo and Satish Chander Wasoori guilty.
The accused / convict Raj Nath Tickoo is convicted and sentenced to undergo rigorous imprisonment of 3 years along with fine of Rs.10,000/- and in default of payment of fine, he shall further undergo simple imprisonment for 3 months.
Another accused / convict Raj Nath Tickoo is convicted , U/s 420 RPC, is sentenced to undergo rigorous imprisonment of 3 years along with fine of Rs.10,000/- and in default of payment of fine, he shall further undergo simple imprisonment for 3 months.
Under Section 467/468 r/w 471 RPC, accused / convict Raj Nath Tickoo would undergo rigorous imprisonment of 3 years along with fine of Rs.10,000/- and in default of payment of fine, he shall further undergo simple imprisonment for 3 months.
Under Section 120-B r/w 420, 467, 468, 471 RPC, accused / convict Satish Chander Wasoori is convicted and sentenced to undergo rigorous imprisonment of 5 years along with fine of Rs.20,000/-and in default of payment of fine, he shall further undergo simple imprisonment for 6 months, U/s 420 RPC, accused / convict Wasoori is convicted and sentenced to undergo rigorous imprisonment of 4 years along with fine of Rs.20,000/- and in default of payment of fine, he shall further undergo simple imprisonment for 6 months.
U/s 467/468 r/w 471 RPC, accused / convict Satish Chander Wasoori is convicted and sentenced to undergo rigorous imprisonment of 4 years along with fine of Rs.20,000/- and in default of payment of fine, he shall further undergo simple imprisonment for 6 months.
All the sentences against both the accused shall run concurrently.
Background
According to Central Bureau of Investigation (CBI), the case was registered by Bureau on April 13, 2007 against the accused, including the duo convicted by the court on Monday (May 27, 2024) on the allegations that these persons entered into a conspiracy with one another, submitted bogus insurance claims for the dwelling houses reported to be located at Srinagar and which were reported to be gutted in fire during the year 1997-98. “It was further alleged that the accused obtained undue claim to the tune of Rs 9,52,913, approximately from the insurance company i.e., Oriental Insurance Company Limited though no fire incident took place during the relevant period as per the records of J&K Fire and Emergency Services Command, Srinagar,” the CBI spokesperson said.
After completion of investigation, a charge-sheet was filed on February 18, 2009.
The charge-sheet in relation to false claim in respect of residential building of Satish Chander Wasoori was filed against accused Subhash Saraf, surveyor; Raj Nath Tickoo, investigator; Satish Chander Wasoori, claimant (private person) and Badri Nath Koul, Development Officer, Oriental Insurance Company.
Charges were framed on November 16, 2010 against all the accused. The accused Subhash Saraf, surveyor and Badri Nath Koul, development officer expired during the trial, hence charges against them were dropped, the spokesperson said.
After trial, the court held accused R N Tickoo and Satish Chander Wasoori guilty. |
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