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POTA court acquits 3 alleged TuM activists as prosecution fails
Massacre of 11 persons at Mendhar
7/26/2014 12:11:23 AM
Jammu, July 25 : Presiding Officer TADA/POTA court, Sanjeev Gupta has acquitted three real brothers, all alleged to be Tehreek-ul-Mujahideen (TuM) militants following the failure of prosecution. They were alleged to be involved in the 2002 Mendhar massacre of 11 persons.
The accused included Mohammad Anwar, Mohammad Sharief and Mohammad Taj, sons of Haji Abdul Azir of Behra Morah Kund in Mendhar, Poonch.According to the police case, on January 21, 2002, a source information was received at police station, Mendhar, that during the previous night, the accused along with some foreign militants, operating under the command of self-styled TuM Area Commander Mohammad Nazeem, son of Mohammad Sharief of Behra Kund, and at the instance of the Pakistan's Inter Services Intelliegnce (ISI), killed 11 persons at Behra to destablise Indian government and law and order and with an intention to terrorise common people.On this information, police registered a case and after completion of investigation, presented challan against the accused persons in the court of law.
Presiding Officer TADA/POTA court, Sanjeev Gupta after hearing both the sides observed that after careful consideration of the entire evidence and keeping in mind the settled position of law clarified through different decisions, evidence on record is not sufficient to fasten criminal liability on the accused who deserve a benefit of doubt in the light of two versions of the incident which has come in the prosecution evidence contradictiing and striking at each other and dismissed the prosecution case and acquitted the accused from the charges leveled against them.
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