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Rs 1,000 Bribery Case: Ex-Patwari Convicted After 13-Year Trial
(MENAFN- Kashmir Observer) ** Srinagar-** A court here on Monday convicted and sentenced a retired Patwari (revenue official) for accepting a bribe of Rs 1,000 to furnish revenue extracts (Intikhabs) of disputed land.
The Special Judge, Anti-Corruption Court, Srinagar, Tasleem Arief, awarded two years’ imprisonment and a fine of Rs 10,000 under Section 5(2) read with Section 5(1)(d) of the J&K Prevention of Corruption Act, and one year’s imprisonment with a fine of Rs 5,000 under Section 161 of the Ranbir Penal Code to the convict to Bashir Ahmad Dar, a resident of Kulgam. Both sentences will run concurrently, the court said.
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“…this Court finds that the accused (Dar) has demanded a bribe amount of 1000 from the complainant for furnishing him the Intikhabs of the land in question, that the complainant has accepted the demand under coercion, since he required the Intikhabs, and paid the accused the bribe money of Rs 1000,” the court said, adding,“The Prosecution has proved that Dar voluntarily and willingly received, accepted and obtained the bribe money, and that he had accepted that money as reward or a motive to furnish the Intikhabs (revenue extracts) to the complainant & thus abused his official position.”
The court noted that the prosecution had established that Dar, upon receiving the bribe, had concealed the money in his jacket pocket, from where it was recovered by the trap team.
“The facts proved entitle this Court thus to draw the required presumption under section 4 of the J&K Prevention of Corruption Act.”
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According to prosecution, the case was registered by Vigilance Organisation Kashmir (VoK) based on a complaint in 2012, alleging that the Patwari demanded a bribe of Rs 5,000 to provide Intikhabs for 36 kanals and 12 marias of land in Dainipora Gojerpora. The complainant agreed to Rs 1,000, which was paid during a vigilance trap conducted by the VoK (now Anti-Corruption Bureau(ACB)). The bribe money was recovered from Patwari’s jacket during the operation.
The court observed that the prosecution had proved the offence beyond doubt through reliable evidence, including testimony from the complainant, the trap team, and neutral witnesses. It also noted that the presumption under Section 4(1) of the J&K Prevention of Corruption Act applied once the bribe was recovered from the accused.
While sentencing, the court took into account mitigating factors, including the convict’s advanced age, retirement from service, first-time offence, long trial period of 13 years, and efforts to reintegrate into society.
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