MOHD. SADIQ Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of above titled two appeals, the appellant has called in question judgment dtd. 5/9/2005 passed by the learned Special Judge Anti Corruption Jammu, whereby the appellant has been convicted of offence under Sec. 409 RPC and Sec. 5(2) of the J&K Prevention of Corruption Act and sentenced to rigorous imprisonment for one year in both the offences. In addition thereto, the appellant has also been sentenced to pay a fine of Rs.1.00 lac for conviction under Sec. 5(2) of the J&K Prevention of Corruption Act.

(2.) As per the prosecution case, an enquiry was ordered by Deputy Commissioner Rajouri (PW-3) into the allegations made by the appellant/accused, who was working as a salesman with Cooperative Society, Darhal. The appellant/accused had alleged that he had paid an amount of Rs.93070.00 vide two receipts one for Rs.53070.00 and other for Rs.38000.00 to the Supervisor of the Society namely Sh. Mohd. Yaqeen (PW-6). Upon enquiry made by Assistant Commissioner, Development Rajouri, Sh. Iqbal Sadiq(PW-2), it was found that the two receipts had been tampered with and the appellant/accused had retained sale proceeds in respect of fertilizer and other consumer items while working as salesman. The enquiry officer further attributed negligence to PW Mohd. Yaqeen, the Supervisor and concluded that he had failed to exercise supervision and control over the working of appellant/accused and it was recommended that misappropriated amount be recovered from the appellant/accused and PW Mohd. Yaqeen in equal proportions.

(3.) The aforesaid enquiry report was forwarded by Deputy Commissioner, Rajouri (PW-3- A. K. Wani) to Superintendent of Police, Vigilance for appropriate action and on the basis of this report, FIR No. 15 of 1982 for offences under Ss. 409, 467, 468 and 120-B RPC and 5(2) J&K Prevention of Corruption Act came to be registered with the then Vigilance Organization Jammu and the investigation of the case was set into motion.