IMPORTANT POINT : While deciding acquittal appeal, High Court has to bear in mind that there is double presumption of innocence in favour of accused.

Judgment :

Instant appeal is directed against judgment dated 28.03.2019 passed by the Special Judge Anti Corruption (Additional Sessions Judge), Anantnag (hereinafter referred to as the ‘trial Court’) whereby in a case arising out of FIR No. 17/1990 for offences under Section 5(2) of J&K P.C Act and Sections 467, 468, 471 read with Section 120-B RPC, the respondents/accused have been acquitted of the charges. Before coming to the grounds of appeal, let me give a brief background of the facts leading to filing of the instant appeal.

2. As per the prosecution case, Deputy Commissioner, Anantnag had, vide his communication No. 1098/Misc dated 18.01.1989, written to the General Administrative Department that some persons have produced a photo copy of SRO 412 dated 27.08.1984 whereunder certain villages of Anantnag and Kupwara districts have been shown as backward areas, whereas in the original SRO 412 dated 27.08.1984 issued by the GAD, these villages have not been declared as backward areas. This information was forwarded by the Secretary to the Government, GAD to Vigilance Organization Kashmir (hereinafter referred to as ‘VOK’) in terms of his communication No. GAD(MTG) STS/88-82 dated 15.03.1989.

3. The VOK started the preliminary enquiry into the matter during which it came to fore that the respondent/accused Kuldeep Kumar (hereinafter A3) had produced a photocopy of forged SRO 412 before the Naib-Tehsildar Chatergul, Anantnag, namely the respondent/accused Brij Lal Zutshi (hereinafter A2) for issuance of RBA certificate in favour of his relative, namely Sanjeet Kumar Koul (hereinafter A4). After conducting the preliminary enquiry, the FIR came to be registered and the investigation was set into motion.

4. After investigation of the case, it was found that A4 had applied to Deputy Commissioner, Anantnag for issuance of RBA certificate and the said application was marked by the Deputy Commissioner to Tehsildar Anantnag on 11.05.1987 and on the same day, the Tehsildar Anantnag, respondent Ghulam Jeelani Khan (hereinafter A1) asked the Patwari concerned to submit his report who submitted his report on the same day i.e on 11.05.1987. A report dated 14.05.1987 was also submitted by the Naib-Tehsildar, Chatergul, A3 (now deceased) and as per his report, A4 belonged to village Hardaturoo that was declared as Backward Area. Certain queries were raised by the Deputy Commissioner, Anantnag, but finally, on 18.08.1987, RBA certificate came to be issued in favour of A4. The investigation further revealed that on the basis of the said certificate, A4 had procured admission to MBBS course in Medical College Jammu and later on, RBA certificate issued in favour of the said respondent/accused was cancelled by the Divisional Commissioner, Kashmir. The matter was also referred to the local police by the Deputy Commissioner, Anantnag and FIR No. 124/1989 for the offences under Sections 468, 420, 120-B RPC came to be registered with Police Station, Anantnag. It was also revealed during investigation that A2, Naib-Tehsildar, Cheturgul had recommended issuance of RBA certificate in favour of A4 and reported that he is a resident of village Hardutroo which falls in the backward area. It was also found that A1, the then Tehsildar Anantnag had also recommended the case of A4 for grant of RBA certificate in his favour.

5. After the investigation of the case, it was established that the respondents-accused herein along with respondent/accused A2 (since expired) had, by acting in collusion with each other, fabricated false documents and recommended the case for issuance of backward area certificate to the Deputy Commissioner, Anantnag in favour of the beneficiary, A4 on the basis of which, he got selected in MBBS Course in the year 1987-88 in the Government Medical College, Jammu. Thus, prima facie, offences under Section 5(2) of J&K P.C Act read with Section 467, 468, 471 and 120-B RPC were found made out against A1 to A4. After completion of the investig