STATE Vs. ABDUL SALAM BHAT

JUDGEMENT

(1.) Appellant was tried on committal by District and Session Judge, Anantnag on charges framed u/Ss. 467, 468, 471 and 420, IPC, after the accused pleaded not guilty. During trial prosecution has examined as many as seven witnesses and has lead other documentary evidence. At the close of prosecution evidence, accused whose statement u/S. 342, Cr.P.C. was recorded, again pleaded not guilty and has not tendered any evidence in defence. The Session Judge recorded an order of acquittal vide his judgement dated 31-3-1999.

(2.) The case has its roots to a communication addressed by Kashmir University students union to Crime Branch alleging that the accused respondent with another person Gh. Hassan Dar, both serving as lecturers in school Education Department, in connivance with the university authorities are engaged in a fake certificate scandal. They have got promotions as lecturers and are benefited on the basis of fake certificate of having qualified the examination of M. Sc. in Session 1986. However, Gh. Hassan Dar was left out by the Investigating agency on the basis that during investigation no sufficient evidence and material was found against him to sustain the charge. The respondent-accused Abdul Salam Bhat lecturer in Govt. Hr. Secondary School Ashimuqam was stated to have got promotion as such lecturer on the basis of fake M.Sc. certificate bearing Roll No. 7 of Session 1986 when no such Roll No. was allotted to any candidate of the faculty. Challan was filed and produced against him before Chief Judicial Magistrate, Anantnag who committed him to session followed by trial as stated above.

(3.) The counsel for the appellant submits that the judgement and order of acquittal on dismissing the prosecution case is not based on proper appreciation of the evidence. There is inculpating evidence against the accused. Having regard to the gravity and ramifications of the alleged offences, the matter ought to have been examined with care and caution and the evidence ought to have been sifted and appreciated in proper perspective.