Document is best piece of evidence in proving facts: Court

March 9th, 2012 - 9:30 pm ICT by IANS  

New Delhi, March 9 (IANS) A person can lie but not a document, observed a special Central Bureau of Investigation court while ruling that documents are the best piece of evidence in proving facts of a case.

“There is an old adage that a person can lie but the document can never. Documents are the best piece of evidence, and if found to be genuine can certainly be made the basis for proving or disproving the fact,” said Central Bureau of Investigation special judge Dinesh Kumar Sharma.

Judge Sharma’s remarks came while awarding punishment to three public servants convicted in a corruption cases.

According to the prosecution case, R.C. Kala while working as Senior Supervisor/Branch Incharge of Super Bazar, New Friends Colony Branch, New Delhi, during 1994 to 1996 entered into a criminal conspiracy with sales assistants Vijay Sharma and B.S. Negi and accounts assistant Shiv Prasad.

In the charge sheet, CBI alleged that primarily, the accused persons entered into a conspiracy and caused a total loss of Rs.6,17,099 by way of stock shortage and non- deposit of sale amount.

CBI has alleged that the accused committed misappropriation of either cash or goods.

The court, while convicting the accused, observed that a handwriting expert had proved that figures had been fudged by the accused. “Thus, the prosecution by way of detailed evidence, both oral and documentary, has proved on record that the goods and cash which were entrusted to the accused persons were dishonestly and fraudulently misappropriated,” said the court.

The court said the CBI has also proved on record that the consolidated receipt and issue certificate for the period ending March 1995, showed that the figure was changed from Rs.21,17,086.50 to Rs.21,10,086.50 and added that this document had been signed by Kala.

The court agreed with the probe agency that during surprise checks conducted by it, various irregularities were found including sale amount having not been deposited in the bank or in the Regional Distribution Centre (RDC) and huge shortage of stock.

The court observed that the accused persons failed to deposit the sale proceeds in the Bank or RDC.

The court, while awarding sentence to the guilty, said corruption is a malady which calls for harsh punishment. “Convicts have committed a very serious offence. The convicts herein who were entrusted with the responsibility of cash and stock handled the same as their fiefdom,” said the court.

“Convicts Kala, Vijay Sharma and Negi are sentenced to rigorous imprisonment for five years,” ordered judge Sharma, saying that corruption of any magnitude is condemnable.

The court slapped fine of Rs.50,000 on each, adding that corruption is spreading like a fire in the jungle and has almost become like the HIV leading to AIDS being incurable.

The court, however, acquitted Shiv Prasad.

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