Prosecution’s failure leads to acquittal of Tehsildar, Ors in corruption case

22/01/2017

Jammu, Jan 21: Special Judge Anticorruption Jammu Sanjeev Gupta acquitted Subash Singh Chib then Tehsildar Jammu, Rajinder Kumar then Patwari Halqa Domana, Jagdev Singh, Sukh Dev Singh, Jasdev and Shivdev Singh all real brothers and Narayan Singh who were booked by the Crime Branch, as prosecution miserably failed.
According to the Crime Branch Jammu that title to the land measuring 40 kanals and 5 marlas in Kh.Nos.500 & 525 situate at village Raipur Domana Jammu was acquired by accused Jagdev Singh, Sukhdev Singh, Jasdev Singh and Shivdev Singh U/Ss 4&8 of Agrarian Reforms Act 1976, (hereinafter called the Act). It is alleged that aforesaid accused in connivance with accused Narayan Singh managed to procure eight different Fard-Intikabs in respect of 28 kanals and 14 marlas of the above mentioned land that were prepared by accused Rajinder Kumar Patwari the concerned patwari and attested by accused Subash Singh Chib the concerned Tehsildar for the purpose of sale of said land to eight different purchasers. It is further alleged that the Fard-Intikabs were issued by Tehsildar and Patwari without mentioning therein that the land in question had been acquired by the owners U/Ss 4 & 8 of the Act and also without mentioning the fact that accused had already mortgaged his share in the aforesaid land with Jammu Rural Bank Bhalwal. It is further case of the prosecution that the concealment of aforesaid material facts while issuing the Fard-Intikabs was intentional and dishonest for extraneous consideration in as much as Tehsildar had demanded and accepted illegal gratification of Rs.4.00 lacs through Naryan Singh for issuing the Fard-Intikabs. It is also alleged that revenue official abused their official position and facilitated the illegal sale of aforesaid land after hatching a criminal conspiracy with the rest of accused knowing fully well that Fard-Intikabs of such land acquired U/Ss 4 & 8 of the Act were prohibited, except with the sanction of government.
Special Judge Anticorruption Jammu after hearing CPO Rajesh Bakshi for the state whereas Advocates K.S.Charak, P.S.Parmar, G.S.Thakur & Rajnish Oswal for the accused persons observed that prosecution case has so many serious lacunae.
The oral evidence is short of proving the guilt against the accused and the documentary evidence is either inadmissible or irrelevant. Therefore, it would not be safe to fasten criminal liability on the accused on the basis of such evidence meaning thereby that prosecution has miserably failed not only to prove its case against the accused with regard to the offences under Prevention of Corruption Act but also other offences with which they have been charged. Accordingly, prosecution case is dismissed and accused are acquitted. JNF

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