Srinagar- Observing that “large distance between ‘may be’ true and ‘must be’ true, needs to be covered by way of clear, cogent and unimpeachable evidence produced by the prosecution before an accused is condemned as a convict,” the High Court of J&K and Ladakh on Wednesday set aside conviction and two years jail term of a government employee. The term was awarded by a trial court in connection with a corruption case registered in 2009.
Allowing an appeal filed by an employee, Mansoor Ahmad Malik, against the judgment of conviction and sentence passed by the court of Special Judge, Anticorruption (Additional Sessions Judge Pulwama) on December 3, 2015, a bench of Justice Vinod Chatterji Koul held that the prosecution has failed to prove clearly and explicitly the demand of illegal gratification.
“In a criminal trial, suspicion no matter how strong, cannot and must not be permitted to take place of proof. This is for the reason that the mental distance between ‘may be’ and ‘must be’ is quite large, and divides vague conjectures from sure conclusions,” the court said while referring to a judgment by Supreme Court.
In a criminal case, the Bench said, Court has a duty to ensure that mere conjectures or suspicion do not take the place of legal proof.
“The large distance between ‘may be’ true and ‘must be’ true, must be covered by way of clear, cogent and unimpeachable evidence produced by the prosecution, before an accused is condemned as a convict, and the basic and golden rule must be applied,” the court said, adding, “In such cases, while keeping in mind the distance between `may be’ true and `must be’ true, the court must maintain the vital distance between mere conjectures and sure conclusions to be arrived at, on the touchstone of dispassionate judicial scrutiny, based upon a complete and comprehensive appreciation of all features of the case as well as the quality and credibility of evidence brought on record.”
The court, the Bench said, must ensure that miscarriage of justice is avoided and if the facts and circumstances of a case so demand, then the benefit of doubt must be given to the accused keeping in mind that a reasonable doubt is not an imaginary, trivial or a merely probable doubt but a fair doubt that is based upon reason and common sense.
Malik was sentenced to two years jail in a case FIR No.26/2009 of Police Station VOK, after being held guilty for commission of offence punishable under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act.
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