Dhaka, Oct 19 (V7N)- The High Court has acquitted former acting postmaster Md. Omar Faruk, who was convicted in a case involving an alleged financial irregularity at the Aditmari Upazila Post Office in Lalmonirhat, ruling that a financial deficit alone is insufficient to establish criminal breach of trust or embezzlement.
The full text of the verdict was published on the Supreme Court website on Sunday, October 18.
Justice Sheikh Tahsin Ali, sitting on a single bench of the High Court, allowed Faruk’s criminal appeal and overturned his conviction.
According to case records, a financial shortfall of Tk 1,312,750.94 was detected at the Aditmari Upazila Post Office on January 11, 2011. Faruk, who was serving as acting postmaster at the time, was accused of going into hiding without handing over his responsibilities.
A case was subsequently filed against him under Section 409 of the Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947.
On October 23, 2014, the Special Judge Court in Lalmonirhat sentenced Faruk to a total of seven years of rigorous imprisonment and imposed fines under the two provisions. He later challenged the verdict through a criminal appeal before the High Court.
In its judgment, the High Court observed that absence from the workplace or failure to hand over official responsibilities might raise suspicion, but suspicion, however strong, could not replace proof.
The court also examined claims that Tk 9 lakh had been collected from the Lalmonirhat main post office. It noted that the investigating officer had failed to produce specific documentary evidence establishing that the money had been deposited at or received by the Aditmari post office.
Considering the evidence and the shortcomings in establishing the allegations, the High Court acquitted Faruk.
The ruling underscores the need for evidence establishing criminal responsibility rather than relying solely on a financial discrepancy or suspicious circumstances.
END/SMA/AJ
