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Police failure leads to discharge of accused in special offence 2/17/2015 11:35:18 PM Early Times Report jammu, Feb 17: Principal Sessions Judge Poonch Mr. Jaffer Hussain Beigh discharged Sher Baz S/O Sultan Mohd R/O Bedar Tehsil Mandi, District Poonch who was booked by the police u/s 436 (special offence) as the evidence collected by the investigating officer during the investigation of the case in no way made thecourt even to presume that the above said accused has committed any offence. According to the case that the complainant Shah Mohd lodged a written report before Police Station Mandi on 8.1.2015 with averments therein that during the night intervening between 7th and 8th January 2015 at about 2 am two shops were set on fire when he was sleeping in his house as a result of which loss to the tune of rupees two lacs has been caused. The two shops were constructed by the complainant on the land of the accused with the promise that one of these two shops would be retained by the complainant and the other would be handed over to the accused. On this FIR No.03/2015 for offence u/s 436 RPC stood registered in Police Station Mandi with which police swung into action and after completion of the investigation offence u/s 436 RPC has been established against the accused person. The challan was presented before this court. Court observed that even strong suspicion of probability of existence of allegations prima facie justified by the material on record is sufficient to charge the accused. The evidence collected by the investigating officer during the investigation of the case does in no way make this court even to presume that the above said accused has committed any offence. There is rather no evidence against the accused person on the basis of which he can be charge sheeted under any offence. No prima facie case is made out against the accused. When there is no ground to frame charge against the accused, the accused is discharged. He stands released from the custody forthwith.   Share This News with Your Friends on Social Network     Comment on this Story

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