HC acquits XEN PDD in DA Case


JAMMU, OCT 6: State High Court set-aside the conviction awarded by the Special Judge Anticorruption Srinagar and acquitted the Ghulam Ali Dar then Executive Engineer in DA case.
This significantion judgment has been passed in an appeal filed by Ghulam Ali Dar was then working as the Executive Engineer in the Power Development Depart ment challenging impugned the Judgement and Sentence dated 31st May 2011, passed by the Special Judge, Anticorruption, whereby Special Judge Anticorruption Kashmir awarded 2 years RI and fine Rs 6 lacsto Ghulam Ali Dar son of Ghulam Nabi Dar resident of Kanji Gund Tehsil and District Anantnag in connection with the case FIR no. 101/1997.
Justice MK Hanjura after hearing both the State observed that I have carefully examined the witnesses adduced by the appellant/accused before the learned Trial Court. The appellant has succeeded in furnishing the explanation as regards the source of income. Even I find ample support for his explanation in the prosecution evidence itself.
The evidence of the prosecution witnesses clearly supports the explanation given by the appellant. The appellant had thus, discharged the burden of explaining the sources of those amounts.
The Supreme Court has held that even non-mention in the property statement of a public servant would have no consequence and is immaterial.
With these observations Justice MK Hanjura ordered that the appeal on hand is allowed and the impugned Judgement and Sentence dated 31st May 2011, passed by the learned Special Judge, Anticorruption, Kashmir against the appellant in connection with the case FIR no.101/1997, is set-aside.
As a corollary, the appellant is acquitted of the offences charged against him in the case FIR no.101/1997 P/S VOK under Section 5(1) (e) read with Section 5 (2) of the Prevention of Corruption Act and Section 14 of the Public Men and Public Servants Declaration of Assets and other Provisions Act, 1984. Since the appellant is on bail, the bail bonds shall stand discharged. JNF

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