Court of Special Judge Anti-Corruption Anantnag today sentenced Patwari imprisonment of 18months in a corruption case.
The statement issued to Kashmir News Service (KNS), reads that Court of Special Judge Anti-Corruption Anantnag convicted Abdul Aziz Wagay son of Gh Ahmad Wagay resident of Akran Nowpora Kulgam then Patwari Kreeri Shangus Anantnag in case FIR No.02/2009 u/s 5(2) P.C Act, 161 RPC of P/S VOK (now ACB) and sentenced him to undergo simple imprisonment for a period of 18 months under section 5(2) of J&K Prevention of Corruption Act and one year under section 161 RPC and a fine of Rs 10,000/- u/s 5(2) PC Act and Rs 5000/- u/s161 RPC.
The Judgment was delivered by the Hon’ble Special Judge Anti-corruption Anantnag Shri Javaid Aalam on 19.10.2022
The facts of a case are that on 31.01.2009, Shri Mohammad Rafiq Teli S/O Abdul Gani Teli R/O Cheripora, Shangus District Anantnag approached Sr. Superintendent of Police Vigilance Organization, Kashmir now ACB with a written complaint alleging therein that he approached Patwari Halqa Kreei Shangus Shri Abdul Aziz Wagay for obtaining Revenue extract (Fard Intikahab) of the land mutated in his favour and his brother after the death of his father, statement reads.
” The concerned Patwari demanded Rs 1000/- as a bribe for issuing revenue extract (Fard Intikhab) which was finally settled at Rs.500. On receipt of the above complaint, a case was registered at Police Station Vigilance Organization, Kashmir, and investigation was taken up,” it added.
During the course of the investigation, a trap team was constituted and a successful trap was laid and accused was arrested while demanding and accepting a bribe of Rs.500 for issuance of the Revenue extract on 31.01.2009.
After completion of the investigation, the charge sheet of the case was filed before the competent court. The trial court after examining the prosecution witnesses and after hearing the Special Public Prosecutor and Defence Counsel convicted the accused on 19.10.2022. The prosecution of the case was conducted by Special Public Prosecutor Aijaz Ahmad Parvaiz, (Sr. Prosecuting officer) of Anti-Corruption the Bureau.
The court while discussing about the rival arguments and evidence observed,” The crux of the afore stated discussion and the entire evidence brought on record as well as the legal position noticed herein above, I am of considered opinion that the prosecution successfully has been able to prove the charge beyond any reasonable doubt against the accused and it has been proved that the accused has misused his official position to gain the pecuniary benefit and thus committed offence of criminal misconduct under section 5 (1) (d) r/w section 5(2) of J&K P C Act and under section 161 RPC. The prosecution has successfully proved that the trap was genuinely laid on the basis of a written complaint lodged by complainant PW-01 who was extorted by the accused to pay the bribe.
The PW-01 has no enmity against accused and his evidence clearly shows that accused had demanded and accepted the bribe money for issuance of revenue extract. From the circumstances pointed above legitimately, a presumption can be drawn that the accused had accepted the bribe money of his own which is sufficient to give rise to presumption under section 4 of the PC Act that the accused accepted the same as illegal gratification particularly so when the defence has failed to rebut the presumption, therefore, it stands proved beyond reasonable doubts that the accused has misused his official position by accepting the illegal gratification for himself.”
The court also observed that the corruption has spread everywhere and is eating vitals of the society and posing a grave threat to the economy of the country. The crime committed by the accused is therefore serious and so the sentence has to be proportionate to the gravity of the crime committed. The courts have to adhere to the principles of law governing the award of sentence, the legislative intent behind the P.C Act and also the impact of awarding sentence, a balance has to be struck between aggravating and mitigating circumstances before awarding the punishment to an accused.”
The court while concluding judgement observed, “In view of the aforesaid discussion, the net result is that the prosecution has succeeded in proving charges under section 5 (1) r/w section 5(2) of J&K P.C Act and under section 161 RPC against the accused Aziz Wagay S/O Gh Ahmad Wagay R/O Akhran Nowpora Kulgam and accordingly I convict the accused u/s 5 (2)of J&K PC Act and 161 RPC.(KNS)