Anticorruption court convicts complainant for false complaint

01/12/2019

SRINAGAR, NOV 30: In the rarest of rare case whereby complainant got convicted for false complaint, today Special Judge Anticorruption Srinagar RN Wattal awarded day imprisonment and 10000 fine to one Sona Ullah Wani for not only retracted from his earlier statement recorded u/s 164-A(2) Cr. P. C leading to the failure of the prosecution case but it has also been revealed that he in connivance with some disgruntled elements in the employees union, knowingly and purposely made a false complaint and thereby a false charge of heinous offence of bribery and unlashed a rein of miseries upon the life and service career of accused.
This significant judgment has been passed in a is Robkar owes its origin to the judgment titled State vs. Tariq Ahmad Qadri in case FIR No.50/2007 of P/S VOK u/s 5(1)(d) r/w 5(2) P.C.Act 2006 and Section 161 of RPC passed by learned Special Judge Anti-corruption dated 3rd of September, 2016.
Special Judge Anticorruption Srinagar RN Wattal observe dthat It is clear from the law laid down above that while sentencing the accused court can take note of his age, economic condition, criminal background etc. Accused has given a statement in the court in complete contrast to his statement recorded u/s 164-A of Cr.P.C. Though the punishment of three months is provided u/s 479-B of Cr.P.C for giving a wrong statement in the court in contrast one recorded u/s 164-A of Cr.P.C during investigation, petitioner being old aged person of 70 years also having other old age ailments and is not having any criminal back ground, therefore, the fine of Rs.10,000/- and imprisonment till raising of the court shall suffice and meet the ends of justice. Accordingly the petitioner is convicted and a fine of Rs.10,000/- and imprisonment till raising of the court is awarded to the accused. The accused has deposited the amount of Rs.10,000/- same is remitted to the Government Treasury under G.R. No.054276.

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