AB MAJID Vs. STATE OF J&K

JUDGEMENT

(1.) THIS conviction appeal has been filed against the conviction and sentence passed by Special Judge, Anti -corruption, Srinagar in case State versus Abdul Majid Shagoo and another, file No. 14/B instituted on 20 -06 -1977 decided on 26 -03 -1980, whereunder the persons of the appellants, Abdul Majid Shagoo, inspector Electricity -arid Mohammad Abdullah Dar, Lineman in the Electric Department seem to have been sentenced and convicted for offence under Section 5(2) of the Prevention of Corruption Act 2006 read with Section 161 RPC. The appellants have been respectively convicted and sentenced for a term of one yearâ„¢s rigorous imprisonment and a fine of Rs.100/ - each and in default of payment of fine, to undergo further imprisonment of seven days.

(2.) IN the grounds of appeal, the appellants have pleaded that the sentence and conviction awarded by the Special Judge is not warranted under law as because it is not in correct appreciation of facts and the law and is based on wrong conclusions. Prosecution story is not supported by any independent witness in material particulars and the logical conclusions should have been acquittal of the accused/appellants rather than conviction;

(3.) THAT the trial court having come to the conclusion that the demonstration part of the prosecution case of having recovered the money and then tainted hands of the accused were dip in the sodium solution which turned pink etc. has not been admittedly by the trial court and discredited the story of Fardi Muzahara, and even after having discredited the story, the conviction and sentence passed against the accused/appellants is on no evidence;