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2021 Supreme(J&K) 18

State of J&K – Appellant
Versus
Javaid Najeeb ud Din – Respondent


Advocates Appeared:
For the Appellant : Mr. B.A. Dar, Sr. AAG, with Ms. Afroza Hassan, Assisting Counsel.
For the Respondent:Mr. M.A. Qayoom, Advocate, with Mr. Mian Tufail, Advocate.

JUDGMENT :

1. The instant appeal is directed against the judgment dated 18.11.2015 passed by learned Special Judge, Anti-corruption, Kashmir, Srinagar, whereby the respondents herein have been acquitted of the charges for offences under Section 5(2) of the J&K Prevention of Corruption Act and Section 120-B and 409 RPC.

2. Before coming to the grounds of appeal, let me give a brief background of the facts leading to the filing of the instant appeal.

3. FIR No.72/1997 for offences under Section 5(2) of the J&K Prevention of Corruption Act and Section 120-B and 409 RPC came to be registered with Police Station Vigilance Organization, Kashmir, and investigation of the case was set into motion. After investigation of the case, a charge sheet came to be filed against the respondents herein by the prosecuting agency i.e. appellant herein.

4. As per the contents of the charge sheet, the accused/respondent No.1 during his posting as Assistant Director, Information, Leh, entered into a criminal conspiracy with accused/respondent No.2, where-under a Panasonic fax machine was purchased for an amount of Rs.62,000/- and a Canon Xerox machine was purchased for an amount of Rs.1,25,000/- by accused/re

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