Justice Tashi Rabstan of J&K High Court Jammu Wing today set-aside the conviction and sentence awarded to two police cops by the Trial court and acquitted them in the corruption case after 22 years investigation and trial.
The appeal was filed against the judgment of Special Judge Anticorruption Jammu whereby Special Judge Anticorruption convicted two police cop namely Abdul Rashid and Ramesh Kumar in the year 2003 and awarded them two years imprisonment,
Justice Tashi while deciding one of the oldest corruption case, after hearing Adv AP Singh, observed that criminal trial is not a fairy tale in which one is free to give flight to one's imagination and fantasy. In arriving at a conclusion about the guilt of accused, charged with commission of a crime, the court has to judge the evidence by the yardstick of probabilities, its intrinsic worth and the animus of witnesses. "The burden of proof in a criminal trial never shifts and it is always the burden of prosecution to prove its case beyond reasonable doubt on the basis of acceptable evidence."
The fact that the offence was committed in a very cruel and revolting manner may in itself be a reason for scrutinizing the evidence more closely, lest the shocking nature of the crime induce an instinctive reaction against dispassionate judicial scrutiny of the facts and law.
With these observations court acquitted accused from the charges leveled against him. JNF