Srinagar, Aug 26: The Jammu and Kashmir and Ladakh High Court has acquitted Habibullah Kumar, a former In-charge Establishment Clerk at BDO Larkipora Shahabad in Anantnag, in a 2009 bribery case, ruling that the prosecution failed to establish the essential ingredients of demand and voluntary acceptance of illegal gratification.
Justice Sanjay Dhar set aside Kumar’s conviction and two-year sentence imposed by the Special Judge Anti-Corruption, Kashmir, Anantnag, in August 2025. The court also dismissed the charge sheet and ordered the discharge of his bail and surety bonds.
The case stemmed from a complaint alleging that Kumar had demanded Rs 300 each from six employees for processing their arrears bills. A vigilance trap was laid, following which Rs 1,800 was recovered from Kumar’s trouser pocket.
The High Court, however, found the prosecution evidence riddled with contradictions. The five employees on whose behalf the alleged bribe was collected did not corroborate the complaint and denied either contributing money or being asked for a bribe by Kumar. The court also noted evidence of strained relations between the complainant and the accused.
Justice Dhar observed that the vigilance team had proceeded with the trap without independently verifying the alleged initial demand. The independent shadow witness, who remained outside Kumar’s room, could neither see the alleged exchange of money nor hear what the two men were discussing. Other trap officials also admitted they had not witnessed the transaction.
The court held that mere recovery of money from the accused could not, by itself, prove voluntary acceptance of a bribe when the prosecution had failed to establish the prior demand. Kumar’s explanation that the complainant had forcibly placed the money in his pocket was found plausible, particularly in view of his immediate protest after being apprehended.
Justice Dhar also criticised the trial court for misreading the shadow witness’s testimony and overlooking material contradictions in the prosecution case.
Concluding that the prosecution had failed to prove the charges beyond reasonable doubt, the High Court set aside Kumar’s conviction and sentence and acquitted him.
Srinagar, Aug 26: The Jammu and Kashmir and Ladakh High Court has acquitted Habibullah Kumar, a former In-charge Establishment Clerk at BDO Larkipora Shahabad in Anantnag, in a 2009 bribery case, ruling that the prosecution failed to establish the essential ingredients of demand and voluntary acceptance of illegal gratification.
Justice Sanjay Dhar set aside Kumar’s conviction and two-year sentence imposed by the Special Judge Anti-Corruption, Kashmir, Anantnag, in August 2025. The court also dismissed the charge sheet and ordered the discharge of his bail and surety bonds.
The case stemmed from a complaint alleging that Kumar had demanded Rs 300 each from six employees for processing their arrears bills. A vigilance trap was laid, following which Rs 1,800 was recovered from Kumar’s trouser pocket.
The High Court, however, found the prosecution evidence riddled with contradictions. The five employees on whose behalf the alleged bribe was collected did not corroborate the complaint and denied either contributing money or being asked for a bribe by Kumar. The court also noted evidence of strained relations between the complainant and the accused.
Justice Dhar observed that the vigilance team had proceeded with the trap without independently verifying the alleged initial demand. The independent shadow witness, who remained outside Kumar’s room, could neither see the alleged exchange of money nor hear what the two men were discussing. Other trap officials also admitted they had not witnessed the transaction.
The court held that mere recovery of money from the accused could not, by itself, prove voluntary acceptance of a bribe when the prosecution had failed to establish the prior demand. Kumar’s explanation that the complainant had forcibly placed the money in his pocket was found plausible, particularly in view of his immediate protest after being apprehended.
Justice Dhar also criticised the trial court for misreading the shadow witness’s testimony and overlooking material contradictions in the prosecution case.
Concluding that the prosecution had failed to prove the charges beyond reasonable doubt, the High Court set aside Kumar’s conviction and sentence and acquitted him.
© Copyright 2023 brighterkashmir.com All Rights Reserved. Quantum Technologies