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| Court acquits 3 alleged terrorists | | | Jammu, Nov 27 : In view of shoddy investigation and for want of higher proof, Principal Sessions Judge, Kishtwar, BalaJoyti acquitted three accused -- Abdul Gani , Sher Kahn and Raju - who were alleged to be actively involved in militancy related activities.
On July 8-9, 2006, they had allegedly entered Ghulum Din's house to take revenge that he had helped police/ army personal to get arrested militant Mohammad Amin along with a prohibited gun.
The judge observed that police investigating agency neither got the seized bullet tested in FSL nor seized prohibited arms from the accused and not even presented any explanation for not doing this important part of investigation. The court also noticed that the prosecution rather relied on quantity and not quality evidence. The court remarked that "it is settled that graver the charge higher should be proof". The statements of star witness Saleema does not appear to be natural. Nobody would ordinarily accept this part of statements of the prosecution witness. This is improbable . This is rather unbelievable. Killers come home at night fully masking their faces in order to conceal their identity but they unmasked themselves before Saleema and Akthar. She observed that the statements of prosecution witnesses show that statements of all the family members of the deceased examined by the prosecution are full of material contradictions and unexplained discrepancies that cut at the root of the prosecution. These statements exhibit glaring improbabilities as the statements of the prosecution witnesses are so lewd that no person of ordinary prudence would accept these statements as truthful. That star prosecution witnesses Saleema and Akhtar are self contradictory, improbable and unworthy of belief. Let it be known that the accused persons are facing a charge which prescribes capital punishment/life imprisonment and the law requires 'serious the charge, higher the proof'. Investigating Officer has not obtained report of FSL nor there is any proof regarding the description of the weapon allegedly used in the commission of murder of Ghulam Din. Under such circumstance and in view of the prosecution evidence the only inference that can be drawn is that the prosecution has failed to proof charge against the accused persons.
They are therefore acquitted from charge under sections 302/34 of RPC and 7/27 of Arms Act in case FIR No 23/2006 of police station, Chatroo. They are in jail. They shall be released forthwith if they or anyone of them is not required in any other nonbailable offence. In view of the faulty prosecution evidence this court does not deem it necessary to appreciate statements of eight defence witnesses as onus is on the prosecution to prove its case beyond reasonable shadow of doubt. (JNF) |
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