The prosecution must prove its case beyond reasonable doubt; failure to present credible evidence leads to acquittal in corruption charges.

JUDGMENT :

1. Instant Criminal Acquittal Appeal is directed by the appellant against the judgment and order dated 28.02.2022 rendered by the court of Ld. Addl. Sessions Judge (Anti-Corruption) Jammu in FIR No. 28/2006 bearing file No. 07/Challan/02/Challan titled State through Police Station Vigilance Organization Jammu (VOJ) Versus Shanti Swroop & Ors, whereby, respondents have been acquitted for commission of offences punishable under sections 5(2) r/w 5(1) (d) P.C. Act 2006 r/w sections 420,465,468, 471, 120-B, RPC.

2. Aggrieved of and dissatisfied with the impugned judgment, appellant has questioned it’s legality, propriety and correctness, has sought it’s setting aside/quashment, and has further sought the conviction of respondents on the following grounds:-

(i) that the judgment impugned is contrary to law, against facts of the case and has been passed in a mechanical manner without appreciating the circumstantial and other evidence available on record;

(ii) that from the search of residential premises of R-1 Shanti Swroop Gupta (now dead) original order No. 139/REH dated 28.01.2005 signed and issued by him as the then Tehsildar Jammu relating to illegal allotment of State Land measuring 219 kanals and 1 marla in favour of 7 displaced persons alongwith photocopies of the applications of 7 displaced persons in whose favour the aforesaid State Land has been fraudulently allotted have been seized;

(iii) that incriminating document viz; photocopy of fraudulent allotment order No. 139/REH dated 28.01.2005 alongwith photocopies of irrevocable power of attorneys executed by the allottees namely Amrik Singh, Harmeet Singh & Doulat Ram in the name of R-3 Baldev Singh, coupled with original affidavits sworn by the allottees Janak Singh, Prema Devi (w/o late Sh. Munshi Ram) & Madan Lal showing receipt of amount by them and surrendering the land taken by them alongwith original unsigned affidavits in the names of Ram Chand (S/O Beli Ram) Meena Wanti (w/o late Mani Ram), Doulat Ram, Swroop Singh showing receipt of payment by them have been seized and proved before the trial court;

(iv) that the investigation revealed that under a well knit conspiracy accused Baldev Singh (R-3) a real estate dealer dishonestly managed to obtained applications from aforesaid 7 displaced persons namely, Meena Wati, Swroop Singh, Janak Singh, Doulat Ram, Raj Singh, Amlook Singh & Harmeet Singh in the name of the then State Revenue Minister for allotment of deficient land in their favour as displaced persons through one of his contact man late Tika Ram (the then Girdawar Tehsil Office Jammu) who was residing in the neighborhood of above said displaced persons, the displaced persons were made to believe that deficient land allotted in their favour will be made good by allotting them additional quota of land due to them as per Cabinet Order No. 578-C of 1954 under which the State Land was allotted to displaced persons of 1947-1965 from PoK, R-3 accused Baldev Singh Subsequently got the applications endorsed by the then Revenue Minister in the name of Deputy Commissioner Jammu for action under rules, the said application as a part of criminal conspiracy were processed by R-1 (accused