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| Court acquits Patwari in trap case | | | Early Times Report
JAMMU, July 30: Special Judge Anti-Corruption Rajouri-Poonch Districts, Mehmood Chowdhary acquitted the accused Patwari Halqa Kandi Altaf Ahmed in a trap case for demanding and accepting of Rs. 1500/- from the complainant Mohd Arif S/o Mohd Din R/O Kandi, Tehsil Kotranka Rajouri for preparing a revenue document for partition of land between complainant and his brother.
The factual background shown of unnecessary details to the extent necessary for understanding the issue in hand, as submitted in the chargesheet against the accused is in the following terms. On 17th of July 2010, complainant Mohammed Arif, son of Mohammad Din R/O Kandi, Tehsil Kotranka Rajouri lodged a complaint with H. K Nazar Dy. SP of PR wing of vigilance Organization Jammu, Camp Rajouri alleging therein that his father wanted to divide the ancestral, property between complainant and his brother. He produced a copy of Khasra Girdawari and Jamabandi before Altaf Ahmed Patwari Halka Kandi for making necessary entry of ancestral land in the revenue record which their father had divided between the complainant and his brother. For this the said Patwari demanded gratification of Rs.12,000 from the complainant. Out of the demanded amount, the complainant had paid Rs.10,000 to the Patwari on 26.06.2010. After accepting the bribe of Rs.10,000, the said Patwari made the entry of Girdawari of the ancestral land in the name of the complainant and his brother. The complainant again approached the said Patwari for making an entry of mutation of the above said land in their names. The Patwari again demanded Rs.1500 from the complainant for doing the needful. The complainant arranged an amount of Rs.1 500, which he is going to pay to the above, said Patwari under compelling circumstances. Before paying the said amount, the complainant approached H.K. Nazar, Dy.SP Camp Rajouri, with the said complaint for taking legal action against the above said government servant under rule.
Special Judge Anticorruption Rajouri-Poonch Mehmood Chowdhary after hearing both the sides observed that the prosecution has miserably failed to prove the initial demand as well as demand at the time of trap. The prosecution has also failed to prove the acceptance of the bribe money by the accused which is sine qua non for bringing home guilt of the accused for commission of offence under section 5(2) J&K Prevention Of Corruption Act, Svt. 2006 read with section 161 RPC. The prosecution also could not prove the recovery of the bribe money either from the possession of the accused or from the place i.e. cardboard box kept in the grocery shop.
For the aforesaid reasons the prosecution has miserably failed to bring home the guilt of the accused for commission of offences allege against him, as such accused is acquitted of the charges framed against him for commission of offence under section 5(2) J & K Prevention of Corruption Act, svt.2006, read with section 161 RPC. His personal bonds as well as surety Bonds shall stand discharged. —JNF |
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