Srinagar: A Special Court in Srinagar on Monday convicted a former Tehsildar of Chadoora in a 2010 corruption case and sentenced him to one year of imprisonment besides imposing a fine of Rs 20,000.
Special Judge Anti-Corruption, Tasleem Arif, in a case registered by the Vigilance Organization Kashmir (now the Anti-Corruption Bureau) against Mohammad Akram Khan, son of Jalaluddin Khan, a resident of Jawahar Nagar, Srinagar observed “though the gravity of the offence cannot be undermined, the maximum punishment is reserved for the most severe cases.”
Emphasizing the need to balance deterrence with proportionality, the court sentenced Khan to one year of simple imprisonment along with a fine of Rs 20,000.
In case of default in payment of fine, he will undergo an additional one month of imprisonment.
The court further directed that the period already spent in custody, if any, be set off against the sentence.
His bail bonds were cancelled, and he was taken into custody and remanded to Central Jail Srinagar for serving the remaining term.
According to the judgment the case arose from FIR No. 20/2010 lodged on the complaint of one Tasaduq Hussain Bhat of Shalina, Chadoora.
The complainant had alleged that Khan, who was then serving as Tehsildar Chadoora, demanded a bribe of Rs 20,000 in return for deciding a property dispute in his favour and for refraining from further harassment.
The court noted that the dispute between the complainant’s family members was pending before the Tehsildar, who had earlier ruled against the complainant’s side. It was alleged that Khan had asked the complainant to bring money to his residence, assuring him of a favourable decision.
Acting on the complaint, the VO laid a trap. A pre-trap procedure was conducted in the presence of an independent witness, Naseer Ahmed Qadri, a government employee.
The complainant produced Rs 20,000 in cash, comprising 40 Rs 500 notes, which were treated with phenolphthalein powder. The trap team then proceeded to the accused’s residence in Jawahar Nagar.
The complainant and the independent witness entered the house, where the accused allegedly demanded and accepted the bribe amount, placing it under a pillow in his room.
Following a pre-arranged signal, the trap team entered the premises and recovered the tainted money.
Subsequent tests, including washing of the accused’s hands and the pillow cover in sodium carbonate solution, reportedly confirmed the presence of the chemical used during the trap procedure.
The currency notes recovered from the scene matched the pre-recorded numbers, the court observed.
After a trial spanning nearly 15 years, the court held the accused guilty under Section 161 of the erstwhile Ranbir Penal Code, which pertains to illegal gratification by a public servant.
While deliberating on the sentence, the court took note of several mitigating factors, including the advanced age of the convict, his retirement from service, lack of prior criminal record, and the prolonged duration of the trial.
The court also observed that there was no evidence suggesting habitual involvement in corruption or attempts to influence the investigation or trial by the accused Tehsildar.
