State vs . Ved Prakash Sharma Page 1 Of 29 on 31 October, 2014
9.1 I have heard the Ld. counsels and with their assistance
perused the evidence on record and the documents proved. Accused is
a public servant, amenable to provisions of POC Act, is proved by
PW11, who has proved his biodata. Sanction to prosecute the accused
was granted by Pawan Kumar Sharma (PW3). It was suggested during
the cross examination that PW3 was not competent authority to
remove the accused from service, which suggestion was denied by the
witness. The defence has not being able to demonstrate that grant of
sanction to prosecute the accused occasioned failure of justice. The
Hon'ble Supreme court in State of Bihar Vs Raj Mangal Ram (2014
SCC on line SC 277 ) has held that trial cannot be scuttled unless the
error, omission or irregularity in grant of sanction occasions failure of
justice.