A local court here acquitted three persons in a fake appointment case while expressing anguish over “disorganized and unfair investigation” by Police in the case.
Special Anti Corruption Judge, RN Watal, after hearing prosecution and defence counsels, said the court was predominantly convinced that approach of the accused as public servants has been “devilish,” but there was nothing on the file in the shape of cogent and clinching evidence to establish and substantiate it.
“The investigating officer has carried the investigation in a casual way and the record in the court has not been proved as per evidentiary jurisprudence,” the court said. “I place on record anguish regarding the scanty, disorganized and unfair investigation in the case and failure to fairly discharge the responsibility on part of the Investigating Officer who conducted the investigation in the case.”
The court observed that there was nothing in the chargesheet from which it could transpire that rules have been floated in the appointment of the accused.
“What has been alleged in the prosecution story was required to be proved by clinching evidence beyond any reasonable doubt as per rule of criminal jurisprudence. Same has not been done in the instant case,” the court said.
While referring to various provisions of law, the court said another aspect of the case was that ingredients of criminal conspiracy have not been proved by the prosecution.
“In order to prove the criminal conspiracy, it is incumbent upon the prosecution to lead an evidence direct or circumstantial pointing towards a pre-crime agreement between the accused that presupposes the meeting of minds culminating into commission of an offence pursuant to the decision taken by accused/conspirators,” the court observed.
The court said it becomes crystal clear that prosecution has not brought on record any evidence, oral or circumstantial, from which it could have been proved that the accused fraudulently managed the appointment.
“Failure to prove the fake appointment in my considered opinion is attributed to faulty investigation and casual/mechanical approach adopted while pursuing the case,” the court said. “Accused deserves to be acquitted by extending them the benefit of doubt. Accordingly the chargesheet is dismissed and the accused are acquitted of the charge,” the court said.
As per prosecution, the chargesheet owes its origin to a written complaint in 2001 addressed to Crime Branch that one Parvaiz Ahmad Wani was appointed as a laboratory assistant on the basis of a fake order and his service book was prepared fraudulently, with the help of other two government employees.