JK High Court Acquits Employee, Emphasizes Strong Evidence Requirement

JK High Court warns of penalty for delays in solid waste management report

Asif Iqbal | February 1, 2024 | 03:07 PM IST | Courts & Law, Jammu Kashmir | Follow on Google News

JK High Court Acquits Employee, Emphasizes Strong Evidence Requirement.image/KL

JK High Court Acquits Employee, Emphasizes Strong Evidence Requirement

The Jammu and Kashmir High Court, encompassing Ladakh, has nullified the conviction and two-year imprisonment of a government employee, emphasizing the need for robust evidence and recognizing the substantial distinction between ‘could be true’ and ‘must be true.’

Mansoor Ahmad Malik, an employee facing a two-year jail sentence, had his conviction overturned by the High Court. Justice Vinod Chatterji Koul, heading the court, granted approval to Malik’s appeal, asserting that the prosecution failed to establish the demand for illegal gratification. Originally sentenced in connection with a 2009 corruption case, Malik was acquitted under the Prevention of Corruption Act.

Justice Vinod Chatterji Koul, leading the bench, declared, “The prosecution has failed to prove clearly and explicitly the demand for illegal gratification.” The court emphasized that “suspicion, no matter how strong, cannot and must not be permitted to take the place of proof.”

Underlining the judicial responsibility in criminal cases, the bench commented, “The significant gap between ‘may be’ true and ‘must be’ true must be bridged through clear, cogent, and unimpeachable evidence presented by the prosecution before an accused is pronounced as a convict.” The court underscored the importance of maintaining a substantial distance between mere conjectures and definite conclusions through impartial judicial scrutiny.

“If the facts and circumstances of a case necessitate it, then the benefit of the doubt must be accorded to the accused.” It clarified that a reasonable doubt is “not an imaginary, trivial, or merely probable doubt but a fair doubt based upon reason and common sense,” as asserted by the court.

Mansoor Ahmad Malik, previously sentenced to two years in jail in FIR No.26/2009 of Police Station VOK, expressed relief as the court found him not guilty of an offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act.

JK High Court Acquits Employee, Emphasizes Strong Evidence Requirement:In case of rectification of any error in article , Visit on Correction Policy & Register your Query:

Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.