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2024 Supreme(J&K) 134

SANJAY DHAR
Nizam Din, son of Sh. Fateh Mohd. – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates Appeared:
For the Appellant : Mr. Koshal Parihar.
For the Respondents: Ms. Monika Kohli Sr. AAG.

JUDGMENT :

1. The present appeal is directed against judgment dated 28.01.2005 passed by the learned 1st Additional Sessions Judge, Jammu (Special Judge Anti Corruption, Rajouri, Poonch and Doda District) (‘the trial Court’) whereby the appellant has been convicted of offences under Sections 467/409 RPC and Section 5(2) of J&K P.C Act and sentenced to undergone simple imprisonment for a period of four years and to pay a fine of Rs. 5000/- in proof of offence under Section 467 RPC, simple imprisonment of four years and to pay a fine of Rs. 5000/- in proof of offence under Section 409 RPC and simple imprisonment for a period of three years and to pay a fine of Rs.5000 in proof of offence under Section 5(2) of J&K P.C Act.

2. It appears that an FIR No. 21/1987 for commission of offences under Sections 409/467/120-B RPC and Section 5(2) of J&K P.C. Act was registered with Police Station, Vigilance Organization, Jammu on the basis of a letter dated 10.01.1987 issued by the Directorate of Food and Supplies, Jammu (EXPW-NL) alleging therein that audit of Food and Supplies store, Ramban has revealed certain irregularities relating to misappropriation of food grains/sugar. It was alleged th

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