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Prosecution failure leads to acquittal of alleged HM activist, others
10/24/2014 10:14:27 PM
Jammu, Oct 24: Principal Sessions Judge, Jammu, R S Jain today acquitted Ghulam Nabi, alleged HM activist, Mohammad Asraf, Kulsum Begum, Devinder Kumar and Satish Kumar who were facing trial in the Enemy Agent Ordinance as prosecution case was found to be full of legal infirmities and reasonable doubts.
According to the prosecution case against the accused, on December 26, 2010, cop Nazir Ahmed of police post Guha Marmat filed a docket written by ASP (HQ) Mohammad Arif Rishu, Doda camp, to the effect that Ghulam Nabi, a self-styled divisional commander of terrorist outfit HM, was arrested under section 302 of RPC and section 7/27 of Arms Act and during interrogation, he made the disclosure that he had hidden a large quantity of arms and ammunitions at different places in Labar-Marmat and he could get them recovered.
On his disclosure, a police team led by ASP went to Sahri Top jungle and recovered from there 6 AK rifle along with eight magazines and 3063 rounds, one Chinese pistol along with 2 magazines, 273 Pika gun rounds, 48 rounds of.303 rifle along with a magazine, one LMG magazine, two SLR magazines along with 1,103 rounds, two remotely controlled IEDs, one wireless set, three IED detonators, three wireless antennas, two UBGLs along with seven shells,one AK binocular, one satellite phone and two RPG shells. On checking the ammunition, the officer found them bearing the mark of police department.
During his questioning, the accused said that when he was active in the area and when the supply of arms and ammunition from Pakistan had dwindled, he with the alleged help of a police constable Devinder Kumar alias DK, who was doing the job of operation in Sarak Marmat, along with his sister-in-law Kulsum Bibi and uncle Mohammad Asraf approached cop Satish Kumar alias doctor, who used to get arms and ammunition from DPL, Doda. That accused gave one rifle INSAS to DK who in return got one AK rifle. That constable Devinder Kumar and Satish Kumar and other persons were allegedly helping the terrorist by giving information about the police and security forces with intention to kill the security forces and also spread panic in the civilian population and with the aim of subverting the government established by law in the state and therefore guilty of endangering life and to commit terrorist activity.
The judge observed that in the present case, the recovered arms and ammunitions were not sent for testing to FSL or any ballistic expert to give opinion that the arms were in working condition and ammunitions were live. In the absence of such a report, the prosecution case becomes doubtful. Prosecution has failed to examine the IO and thus deprived the defence the chance of putting its case as well as the contradictions and omissions to him for his explanation and thus the non-examination of the IO has certainly caused a prejudice to the accused in his defence.
With these observations, the court acquitted the accused from the charges levelled against him. (JNF)
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