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Prosecution failure leads to acquittal of two alleged LeT militant
8/31/2014 12:35:56 AM
Bhaderwah, Aug 30 (JNF): Principal Sessions Judge Bhaderwah MK Sharma today acquitted two Laishker-e-Toiba (LeT) militants as prosecution have failed to connect the accused with the commission of offences of which the accused are charged beyond all reasonable doubt. The duo namely as Mushtaq Ahmed s/o Ghulam Ahmed Wani of Dandi Tehsil Bhaderwah and Zaheer Abas s/o Mohammad Asdullah Malik of Shiva Doda were acquitted by the local court following the prosecution has failed to connect the accused with the commission of offences.
Principal Sessions Judge Bhaderwah M K Sharma after going through the statements of witnesses, observed that in the instant case, no recovery was effected from the accused Zahir Abbas nor this accused made any disclosure statement, so there is nothing on record to connect the accused Zahir Abbas with the accusation of possessing the prohibited arm/ammunition i.e. grenades etc. Court further observed that what emerges out of the aforesaid discussion is that, the prosecution has failed to connect the accused with the commission of offences. As the challan fails in this regard and thus the accused are acquitted, court added.
According to the police case on 05/02/2006, information was received in P/S Bhaderwah that the above said accused persons harbor the terrorists who were involved in terror activities including killings of innocents in the State of Jammu & Kashmir. On the basis of this information an FIR No. 11/2006 for the commission of offence u/s 212 RPC was registered in P/S Bhaderwah and the investigation commenced.
The accused persons were arrested and subjected to interrogation. During investigation, the accused stated that they have concealed two hand grenades in the forest at village Dandi following accused were taken to the sport and on the identification (nishandehi) of accused Mushtaq Ahmed, two grenades were recovered and accordingly were seized. The statements of witnesses u/s 161 RPC were recorded and investigation concluded and accused were chargesheeted.
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