Srinagar, Sept 27: A Srinagar court has acquitted a career consultancy owner accused of cheating a family over the admission of their son to SRM University, Ghaziabad, observing that the prosecution failed to establish the charge amid contradictions in witness statements and gaps in the investigation.
The judgment was passed by Varun Kumar, 3rd Additional Munsiff/JMIC Srinagar in a case arising from FIR No. 29/2014 registered at Police Station Saddar under Section 420 of the Ranbir Penal Code. The accused, Aijaz Hussain Rather of Balhama, Srinagar, was facing allegations of cheating the complainant’s family in connection with admission arrangements.
According to the prosecution case, Rather was running a career consultancy and had allegedly taken Rs 1.50 lakh as yearly/institutional fee and Rs 1.80 lakh as donation for securing admission of the complainant’s son at SRM University. The prosecution alleged that the student was subsequently not provided an admit card and additional money was demanded.
After charges were framed in January 2026, the prosecution examined only three witnesses. The court ultimately closed the prosecution evidence after it failed to produce a further witness despite being granted an opportunity.
While examining the evidence, the court found significant inconsistencies in the testimony of the witnesses. It noted that the primary complainant, Mohammad Amin Dar, could not recall several important details, including the name of the consultancy, and was unable to explain aspects of the original complaint attributed to him. The court said the discrepancies affected his credibility.
The court also pointed to shortcomings in the investigation, noting that the investigating officer had not appeared before the court despite sufficient opportunities. It observed that no independent witness, conversation record or transcript had been produced to corroborate certain allegations against the accused.
Another significant observation concerned the alleged registration status of the consultancy. While a prosecution witness claimed that the consultancy was unregistered, the court found that the record apparently contained a registration document showing the firm was registered with the Registration of Firms, Kashmir, Directorate of Industries and Commerce, J&K Government.
The court further noted that the complainant’s son, Farhaan Amin Dar, who was central to the allegations, was not produced as a witness, despite his statement having been recorded under Section 164A in 2014.
Holding that the prosecution had failed to establish the ingredients of cheating and that the evidence contained contradictions and deficiencies, the court acquitted Rather of all charges and set him at liberty. His bail and surety bonds were ordered to stand discharged.
The accused was represented by advocate Shublee Ashraf and others.
