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HC upholds Trial Court judgment in 2005 hotel attack
6/25/2015 12:01:20 AM
Early Times Report
Srinagar, June 24: The State High Court has upheld a Trial Court judgment regarding acquittal of 11 accused in an attack on a hotel at Lal Chowk here in 2005.
"The conclusion drawn by the trial court that the prosecution has failed to prove the case cannot be found fault with," a division bench of the court comprising Justice Mohammad Yaqoob Mir and Justice DS Thakur observed while dismissing the state government's appeal.
"Appellants have not been able to persuade the court to take a view different to one taken by the trial court. The appeal as such fails and shall stand dismissed," the division bench said.
In its appeal, the state through police station Maisuma had contended that the Pakistani, Aijaz Ahmad Bhat, was arrested on spot.
However the court observed that the circumstantial evidence relied upon by the prosecution regarding presence of Bhat at the time of occurrence was not fully established.
"Participation of (Aijaz) in the attack is not established. Recoveries also have not been proved," the court said while dismissing the appeal.
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