Justice after 28 years

High court acquits man facing charges in 8 cases of misappropriation JAMMU, Dec 27 (JNF): State high court today acquitted an accused facing trial and investigation in 8 cases since 1980 for fraudulent withdrawal of money from the state treasury.

Justice Vinod Kumar Gupta allowed two appeals filed by the petitioner who was facing trial and investigation since 1980.

In the appeals, the accused and appellant Bodh Raj who was teacher at Government High School Gole Gujral allegedly prepared 25 fraudulent bills during 1978 to 1980 and withdrew an amount of Rs 67950 from the state treasury and misappropriated the same.

Investigation of the case was handed over to the Crime Branch and after completion of the investigation, 8 different challans were presented in the Court of law.

After trial, the accused Bodh Raj was acquitted in 6 cases but was convicted in two cases under section 420/465/471 RPC.

Court awarded simple imprisonment of six months and Rs 1000 fine.

Aggrieved by the judgment of the trial court, the accused filed these two appeals.

High Court took-up both the appeals together stating that facts in the case were identical and same question of law is involved in both the appeals.

Justice Vinod Kumar Gupta after hearing Advocate S.D.S.Saini appearing for the appellant and AAG PC Sharma appearing for the State observed that in the present cases, the accused is facing investigation and trial and the prosecution took 15 years in producing the evidence and that evidence was of no use to the prosecution.

Court further observed that delay in the trial is ground for quashing the proceedings and acquittal of the accused thereafter if the delay in trial in the court is not at the instance of accused-appellant.

It added that in the instant case, the delay in the trial of the case is on the part of prosecution and not on the part of accused.

The accused was convicted in two cases and was acquitted in remaining cases vide orders passed by the 2nd Additional Sessions Judge, Jammu after a period of 28 years.

Court maintained that one can see the agony faced by the accused-appellant because of delay in trial of cases.

It maintained that the accused must have retired from the service or was about to retire from the service and could not perform his duty properly because of pendency of cases in the court of law.

Court declared that his family must have suffered a lot because of delay in the trial of cases.

Counsel for the accused-appellant Advocate S.D.S.Saini lastly submitted that the Investigating Officer in the case has not been examined which has caused prejudice to the accused-appellant.

In the approved for reporting judgment, Justice Vinod Kumar Gupta held that the charges framed against the accused-appellant by the trial court under sections 420/465/471 RPC have not been substantiated by the prosecution by leading any unimpeachable evidence beyond reasonable doubt.

Hence the court adjudicated that conviction cannot be based on sole evidence of opinion given by a witness who is not relevant and is also unbelievable, adding that since there is no evidence against the accused-appellant, he is acquitted of the charges framed against him by the trial court in both cases.

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