Decided on November 10,2006

STATE Respondents


- (1.) THE appellants were tried in the Court of learned Special Judge, anti Corruption, Jammu for the commission of the offences under Section 5 (2) of Prevention of corruption Act, 2006 read with Section 161, RPC, allegedly committed about 24 years ago. The case of the prosecution was that complainant Mohammad Saleem s/o Shah Mohd r/o Mendhar lodged a complaint with the additional Inspector General of Police, Jammu on 12. 4. 1983, alleging therein that he was conducting the business of sale and purchase of fruits at bhimber Gali, District Poonch. On 22. 10. 1982 he met Constable Mohd. Khaliq and ASI Pran Nath Koul, who told him that they were recruiting people in Police Department and that the recruitment was possible only by spending money. Thereafter both of them went to Poonch and therefrom returned on 24. 10. 1982. On that day the complainant paid Rs. 1,500 to them, on which they asked the complainant to see them at Jammu on 25. 10. 1982. Accordingly on the next day, the complainant came to jammu but could not trace out the accused. They, however, met him on 7. 11. 1982 in police Lines, Jammu and therefrom he was asked to go along with Constable Tasavar hussain to the C. P. O. for getting his order of appointment. He went along with accused tasavar Hussain to the office of C. P. O. Tasavar Hussain after taking a round of the office told him that he would have to spend rs. 1,000 more. So he borrowed Rs. 1,000 from one of his relations who was employed in BSF and paid the same to the accused tasavar Hussain. After taking the money the accused Tasavar Hussain asked the complainant to go back to his place where he would receive the order of appointment but despite that he did not receive the order of appointment so he again came to jammu 3/4 times but the accused threatened him with dire consequences, if he asked for the return of the money.
(2.) THE complaint of the complainant was forwarded by the Additional Inspector general of Police to SSP Jammu in consequence whereof the SSP Jammu held preliminary inquiry on which the allegations were found by him to be prima facie proved. The report of his preliminary inquiry was then came to be forwarded to the Commissioner of Vigilance along with the statements of the witnesses, which resulted into registration of the FIR No. 175/1983 dated 20. 11. 1983. After completion of the investigation the charge-sheet against three accused namely, pran Nath Koul, Tasavar Hussain and mohd. Khaliq came to be filed. The learned trial Court framed the charges for the commission of said offences against the said accused to which the accused pleaded not guilty and claimed trial.
(3.) PROSECUTION in order to prove the charges against the accused, examined pws. S/shri Mohd. Saleem, Sanjay Kumar, mohd. Javed, Niyaz Ali, Jagdish Chander, shamaghat Singh, Bodh Raj Sharma, Mohd. Nasir Khan and Kuldip Khuda. The accused were being tried originally in the Court of 1st Additional Sessions Judge, Jammu. However, after the creation of an independent Court of Special Judge, anti Corruption Jammu vide SRO 121 of 1998 the case came to be transferred to the Court of Special Judge, Anti Corruption, Jammu.;

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