The Supreme Court has acquitted Pema Wangda, an employee of Bhutan National Bank who had been convicted earlier by the Lower Courts for involvement in the RICBL embezzlement case. The judgment altering the decision of the Larger Bench of the High Court was passed yesterday. The Paro District Court, the High Court and the erstwhile Larger Bench of the High Court had found him guilty of involvement in the embezzlement case by a former RICB employee, Rinchen Wangdi.
In 2019, the Paro District court convicted Pema Wangda for a missing cheque of Nu 500,000 and failing to report the crime committed by the former RICB employee, Rinchen Wangdi.
Rinchen Wangdi had given a cheque of Nu 500,000 to Pema Wangda and asked him to cash it. However, Rinchen Wangdi had denied receiving the money from Pema Wangda. The District Court ordered Pema Wangda to pay back the amount to the RICBL.
Pema Wangda then appealed to the High Court but it upheld the Lower Court’s judgment.
After appealing to the Larger Bench last year, Rinchen Wangdi in his written statement said he received the money from Pema Wangda. It was learnt that Rinchen Wangdi had denied receiving the money since he had a personal grudge against Pema Wangda.
The Larger Bench then dropped the charge of the missing cheque against Pema Wangda and ordered Rinchen Wangdi to restitute the money. The court, however, convicted Pema Wangda for failing to report the crime and fined him over Nu 11,000.
As per the Penal Code, a defendant convicted of a violation shall be fined the daily minimum wage rate for a maximum of 90 days.
Pema Wangda then appealed to the Supreme Court. The Supreme Court acquitted the charge of failing to report the crime as the court wasn’t able to establish that he was aware of Rinchen Wangdi’s crime.
According to the Civil and Criminal Procedure Code 2001, where guilt beyond reasonable doubt has not been established to the Court’s Satisfaction for the charge, the defendant shall be acquitted and released and have the conditions of his/her bail terminated.
Kinley Dem/Namgay Wangchuk
Edited by Yeshi Gyaltshen
