After 23 Years, Srinagar Court Clears 7 In Fraud Case

(MENAFN- Kashmir Observer) Srinagar- A court here has acquitted two brothers and five other accused persons, including revenue officials, in a fraud case registered by the Crime Branch in 2003 over alleged irregularities in compassionate appointments under SRO-43. Three of the accused died during the course of the trial, which lasted more than 20 years after the chargesheet was filed in December 2005.

The Court of City Judge Srinagar while acquitting the accused observed that the prosecution had failed to establish the involvement of the accused beyond reasonable doubt.

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“This court is of the view that the prosecution has failed to connect the accused with the commission of crime, as under criminal law a person cannot be convicted unless the evidence produced conclusively proves involvement beyond reasonable doubt,” the court said.

The court further held that“serious doubts” had emerged in the prosecution case and reiterated that suspicion, however grave, cannot substitute proof required for conviction.

According to the prosecution, one Irfan Ahmad was granted a government job under SRO-43 on November 22, 2002 by the Deputy Commissioner Srinagar following the death of his mother in cross-firing at Hawal Srinagar on 21 May 1990. However, the prosecution alleged that his two brothers, Ishtiyaq Ahmad and Imtiyaz Ahmad, had already secured government jobs under the same provision on account of the same death. Under SRO-43, only one member of a family is eligible for compassionate appointment.

The prosecution also stated that the family had received ex-gratia relief of Rs 1 lakh from the government. It alleged that the three brothers, in connivance with officials of the Deputy Commissioner's office and with the help of fabricated documents and false witnesses, managed to secure three separate government jobs.

Following the allegations, the Crime Branch registered an FIR on October 25, 2003 under Sections 420, 468, 471 and 120-B RPC and launched an investigation.

After completion of the investigation, the Crime Branch filed a chargesheet against Irfan Ahmad, Imtiyaz Ahmad, Ghulam Ahmad (since deceased), then Patwari Abdul Rashid (deceased), then Girdawar Mohammad Yaseen, local residents Bashir Ahmad and Mohammad Bashir Khan (deceased), who was then In-charge Relief Section in the DC Office Srinagar.

During the trial, the prosecution examined 29 witnesses, including revenue officials, Crime Branch personnel and forensic experts. However, the court found material contradictions in the testimonies and held that the evidence was insufficient to prove charges of forgery, cheating, criminal conspiracy or use of forged documents. Also, it transpired that Ishtiyaq Ahmad had been appointed four months prior to her mother's death. The court observed that the prosecution failed to prove that Imtiyaz Ahmad had actually obtained appointment under SRO-43 or that Irfan Ahmad had secured employment fraudulently in conspiracy with government officials.

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Consequently, the court acquitted all the accused of offences under Sections 420, 468, 471 and 120-B RPC.

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