'Fine Superstructure Without Foundation' HC Upholds Discharge Of 8 In Graft Case

FIR should make out a prima facie case of conspiracy against accused persons as one cannot have the construction of fine superstructure without a foundation, the High Court of J&K and Ladakh said on Monday, while upholding a 2022 trial court verdict that discharged eight accused — five engineers and three contractors — in a case registered by the erstwhile Vigilance Organization Kashmir (now ACB-Kashmir) in 2012.

- M Ahmad

The case had been registered on the basis of a veri!cation conducted regarding 19 work components having been allotted and executed in the years 2007-08 and 2008-09 i.e. after the period of more than five years.

“No explanation in regard to the belated registration of the FIR has been spelt out in the charge sheet filed before the trial court under Section 173 CrPC, more so, when the same was of significant importance, in view of the nature of the works in question as also vulnerability of the same to natural wear and tear over a period of time,” a bench of Justice Javed Iqbal Wani said.