New Delhi, Oct 8 (PTI) A Delhi court has acquitted three accused persons, including a 1998 batch officer of Indian Railways and Traffic Service (IRTS), in a corruption case registered by the CBI, saying the prosecution failed to prove the foundational facts against them.
Special Judge Sudhanshu Kaushik was hearing the case against the officer, Ravi Mohan Sharma, who was accused of receiving illegal gratification for facilitating the allotment of rail coaches after entering into a criminal conspiracy with Rajesh Champak Lal Jodhani, Kumar Vadilal Shah and a company, Rail Tour (India) LLP.
The CBI had registered a case against them in 2014 under IPC Section 120 B (criminal conspiracy) and provisions of the Prevention of Corruption Act.
The agency alleged Sharma abused his official position and committed criminal misconduct by extending undue favours to a travel concern by arranging railway coaches in lieu of illegal gratification or a bribe of Rs 5 lakh.
In an order dated September 27, the court said that the prosecution had failed to establish that the accused persons entered into a criminal conspiracy and that its evidence, which was presented “in bits and pieces”, did not establish the complete chain of circumstantial evidence.
It said that the official sanction for prosecuting Sharma was not obtained.
“There are serious infirmities in the investigation and loopholes in the prosecution’s case. The sanctity of the case property was not preserved.” “The CD, which formed the basis of the investigation and on which the transcripts were prepared, kept lying with the investigating agency in unsealed condition,” the court said.
The CD contained the telephone calls, which the agency intercepted to conduct a trap for the accused.
It said interpolations and alterations were found in some documents, which were not explained and that even the “foundational facts” were not proved.
“The testimonies of the railway officials demonstrate that there was no irregularity in the allotment of coaches,” the court said.
It acquitted the accused persons, saying the prosecution had failed to prove the case against them beyond a reasonable doubt. PTI MNR MNR KSS KSS
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