STATE OF J&K Vs. MOHAMMAD ASLAM WANI

JUDGEMENT

(1.) This Appeal is directed against judgment dtd. 30/6/2009, passed by court of Special Judge Anticorruption Kashmir, Srinagar ("Trial Court" hereinafter) in File no.3/B titled as State v. Mohammad Aslam Wani in case FIR no.28 of 1995 police station VOK under Sec. 5(2) of Prevention of Corruption Act read with Sec. 12 and 14 of J&K Public Men and Public Servants Declaration of Assets and other provisions Act 1983, acquitting accused, and for setting-aside the same and case of appellant-prosecution (VOK) against respondent/ accused may be upheld by awarding full punishment to respondent/ accused.

(2.) Impugned judgment is being challenged on various grounds including that it is against the law and facts and liable to be set-aside; that the Trial Court has misappreciated the law and evidence on record and has not appreciated the statement of prosecution witnesses in their totality; that there is enough evidence on record warranting conviction and sentence of accused/respondent; that Trial Court has not recorded any finding regarding admission made by respondent/accused while replying questionnaire served to him by Trial Court in pursuance of the proceedings under Sec. 342 Cr.P.C in which respondent admitted the value of his house at Bag-e-Hyder as Rs.3,37,000.00 and the Trial Court has erred in law by not recording any finding on this important aspect; that Trial Court has not appreciated the object and purport of provisions of Ss. 5(1)(e) of PC Act which envisages a mechanism to be adopted by the trial court once the prosecution has established a case of disproportionate assets.

(3.) I have heard both the sides. I have also given my thoughtful consideration to the facts of the present appeal and also gone through judgment impugned.