LAWS(J&K)-2022-9-1

GHULAM MOHAMMAD KUMAR Vs. STATE

Decided On September 08, 2022
Ghulam Mohammad Kumar Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By the medium of this Criminal Appeal, the judgment and order dtd. 27/2/2020 (hereinafter referred to as 'impugned judgment') passed in the case titled State through SHO Police Station VOK Vs. Gh. Mohammad Kumar by learned 1st Additional Sessions Judge Baramulla (Special Judge Anticorruption Baramulla / Bandipora / Kupwara) (hereinafter referred to as 'trial court'), has been challenged.

(2.) Vide impugned judgment, the appellant herein has been convicted for the commission of offences punishable under Ss. 5(1)(d) read with 5(2) of J&K Prevention of Corruption Act and Sec. 161 RPC and was sentenced to undergo simple imprisonment for two years and fine of Rs.10,000.00 under each offence and in default for payment of fine the appellant-accused was to undergo further simple imprisonment of two months under each offence. Both the punishments/sentences were directed to run concurrently.

(3.) It is being argued by the appellant herein that one Khursheed Ahmad Lone had made a complaint against him for demanding bribe of Rs.2500.00 from him for making necessary entries in the revenue record, while being posted as Patwari Bomai Sopore, which complaint culminated into registration of FIR No.39/2006 P/S VOK. That after completion of the investigation by the respondent-VOK, charge sheet came to be presented before the competent court of law; and after facing trial for long 13 years, the appellant has been convicted by the trial court and has been sentenced to undergo simple imprisonment for two years and fine of Rs.10,000.00 for the commission of each of the offences punishable under Ss. 5(1)(d) read with 5(2) of J&K Prevention of Corruption Act and Sec. 161 RPC.