2005 NPSC case: HC Kohima Bench affirms acquittal of eight accused

December 21, 2023 17 Views No Comment

Morung Express News
Dimapur | December 21

The Gauhati High Court Kohima Bench has recently upheld the May 12, 2016 judgment and order passed by the Session-Judge-cum-Special Judge, the Prevention of Corruption (PC) Act, Dimapur acquitting all eight accused in a case involving “attempted bribery and manipulation of records under the establishment of Nagaland Public Service Commission.”

The State Government had challenged the Sessions Judge’s judgment in a criminal appeal in HC Kohima Bench.

In the appeal, the Public Prosecutor (PP) for Nagaland contended that the trial court should have recognised the Magistrate’s satisfaction with the voluntary nature of the confession, despite the accused retracting it during their examination under Section 313 of the CRPC.

Additionally, it was argued that the evidence on record indicates both the payment of money and the execution of an agreement with a shared intention to acquire question papers for the “NCS and Allied Services Examination 2005,” and the prosecution has conclusively demonstrated the involvement of the accused individuals in the commission of the offense beyond a reasonable doubt.

“The retraction of the confession does not dilute or reduce to wipe out the evidentiary value of a confessional statement,” and it was only an “afterthought,” the PP contended, further asserting that the trial court ignored the conclusive evidence against the accused persons.
Accordingly, the PP called for quashing the May 12, 2016 judgment and conviction of the accused persons.

In response, the counsel for one of the accused contended, among other points, submitted that the confessional statement recorded under Section 164 of the CrPC is considered “non-est in the eyes of the law.”

Another counsel asserted that, aside from the confessional statements being both invalid and retracted, there is an absence of any corroborative evidence and the PP’s case was solely based on circumstantial evidence.

After considering the submissions from both sides, the single-bench judge of Justice Kardak Ete noted that the State’s appeal has placed heavy thrust on the confessional statements of the accused persons.

However, after scrutiny of the evidence on record and finding of the trial court, the judge noted that the prosecution has failed to establish the guilt of the accused persons beyond a reasonable doubt.

The confessional statements recorded under Section 164 of CrPC are not voluntary, as the same has not been recorded by following the mandatory requirement of law, and no corroboration had been laid by the prosecution, Justice Ete further observed, in the judgment passed on December 13.

Based on examination of various submissions by both parties as well as laws laid down by the Supreme Court, the judge stated that he finds no infirmity in the trial court’s judgment and order.

Consequently, the judge dismissed the Criminal appeal filed by the State Government and affirmed the Sessions Judge-cum-Special Judge judgment acquitting the accused from the charges by “giving them the benefit of doubt.”

As per the court’s record, the case incident dates back to 2005 when the State Government, upon taking cognisance of news reports about attempted bribery and manipulation of records under the establishment of NPSC, directed the Vigilance and Anti-Corruption (VAC) Police Cell to take appropriate steps via an order dated May 23, 2005.

Accordingly, the VAC registered a Suo Moto Case on May 27, 2005, and during the course of the investigation, eight accused persons were arrested.
Upon completion of the investigation, charge sheets were filed against the eight individuals: Imnaonen, Imosanen, Thsapongse Sangtam, Tekasashi, Imkong Longkumer, N Panger Jamir, Tinuwati, and Takachila (late). The erstwhile Vigilance Commission also recommended a departmental inquiry against the eight, including four NPSC officials.

During the course of the trial, the prosecution presented as many as 17 prosecution witnesses and relied upon several documents. However, all eight accused were acquitted, with the court granting them the benefit of doubt.