Srinagar: Srinagar Court on Friday acquitted a Juvenile in Conflict with Law (JCL) in a Board of Professional Entrance Examination (BOPEE) paper scam case of 2012.
Bench presided over by Principal Magistrate Touseef Ahmad Magray and members Dr Khair-ul-Nissa and Dr Asima Hassan held that “nothing incriminating has been brought on record against the JCL.” after hearing the arguments of Ld. A.P.P and defense prominent counsels Dar Khurshid and Abid Malla.
The Court dispensed the examination of JCL under section 342 CrPC based on the fact that no incriminating evidence was produced before the bench against the accused, saying ,“Keeping in view the facts and circumstance of the case and also keeping in view the fact that there is no incriminating evidence against the JCL on record which can be put to her, the examination of JCL under Section 342 CrPC (power of court to examine the accused against incriminating evidence) isdispensed with”.
Accordingly ,Juvenile in Conflict with Law is acquitted of the charges with respect to commission of offences under Section 5(2) of Prevention of Corruption of Act, 1988 and Section 420, 120-B RPC,” Court said.
The court also added that the bail and surety bonds furnished by the JCL stand cancelled and discharged.
The court said ,“Seizure, if any, be released in favour of rightful claimant. Seizure, if not worth to release shall be disposed of under the supervision of additional public prosecutor of the Board. Chargesheet is disposed of, and after due compilation be consigned to record,”.
The main chargesheet in Case FIR No. 24/2013 was submitted before the Hon’nble court of Anti-Corruption at Srinagar in 2014 and the supplementary chargesheets with regard to juveniles were initially presented before the Ld. Court of CJM at Srinagar and after the establishment of Juvenile Justice Board at Srinagar the Chargesheets with regard to juvenile were transferred to JJB Srinagar whereby 6 juveniles in three chargesheets got acquittal after the trial of around seven years.
Pertinent to mention that out of total 60 accused persons in the case, six juveniles were tried by JJB and other 54 faced trial by Special Anti-Corruption Court, Srinagar. And this acquittal was the last juvenile in BOPEE scam case. Earlier, the JJB has acquitted five juveniles in the case.
On April 28, 2018 Mushtaq Ahmad Peer, a former chairman of Board of Professional Entrance Examination (BOPEE), was sentenced to 16 years in prison and fined Rs. 1 crore in this multi-crore cash-for-paper scam.
Of the total 54 accused persons in the case, 46 were convicted and eight acquitted by Special Anti-Corruption Court, Srinagar in 2018.
However, six students who were below the age of 18-years were tried before JJB. All the juveniles stand acquitted. (Agencies)
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