STATE Vs. GHULAM JEELANI KHAN

JUDGEMENT

(1.) Instant appeal is directed against judgment dtd. 28/3/2019 passed by the Special Judge Anti Corruption (Additional Sessions Judge), Anantnag (hereinafter referred to as the 'trial Court') whereby in a case arising out of FIR No. 17/1990 for offences under Sec. 5(2) of J&K P.C Act and Ss. 467, 468, 471 read with Sec. 120-B RPC, the Respondents/accused have been acquitted of the charges. Before coming to the grounds of appeal, let me give a brief background of the facts leading to filing of the instant appeal.

(2.) As per the prosecution case, Deputy Commissioner, Anantnag had, vide his communication No. 1098/Misc dtd. 18/1/1989, written to the General Administrative Department that some persons have produced a photo copy of SRO 412 dtd. 27/8/1984 whereunder certain villages of Anantnag and Kupwara districts have been shown as backward areas, whereas in the original SRO 412 dtd. 27/8/1984 issued by the GAD, these villages have not been declared as backward areas. This information was forwarded by the Secretary to the Government, GAD to Vigilance Organization Kashmir (hereinafter referred to as 'VOK') in terms of his communication No. GAD(MTG) STS/88-82 dtd. 15/3/1989.

(3.) The VOK started the preliminary enquiry into the matter during which it came to fore that the Respondent/accused Kuldeep Kumar (hereinafter A3) had produced a photocopy of forged SRO 412 before the Naib-Tehsildar Chatergul, Anantnag, namely the Respondent/accused Brij Lal Zutshi (hereinafter A2) for issuance of RBA certificate in favour of his relative, namely Sanjeet Kumar Koul (hereinafter A4). After conducting the preliminary enquiry, the FIR came to be registered and the investigation was set into motion.