Early Times Report
JAMMU, Sept 3: The High Court of Jammu & Kashmir and Ladakh at Jammu has upheld the acquittal of two accused in the 2002 Mahore murder case, reaffirming that the presumption of innocence of an accused cannot be disturbed without credible and strong proof.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar dismissed the State's appeal against the 2013 judgment of the Sessions Judge, Reasi, which had acquitted Abdul Latif and his brother Ghulam Nabi of charges under Sections 364, 302, 201, and 34 RPC.
The case pertained to the disappearance and alleged killing of Abdul Hameed, a surrendered militant of Hizbul Mujahideen, in September 2002. Police claimed that during interrogation in another FIR, accused Abdul Latif confessed to killing Hameed and concealing his body in a forest. Acting on this disclosure, a skeleton and clothes were recovered in 2006.
However, the trial court had acquitted the accused in December 2013, citing contradictions in witness testimonies, the inadmissibility of confessions made in police custody, and lack of forensic evidence such as DNA profiling.
The High Court endorsed the trial court's findings, observing that the prosecution case was riddled with inconsistencies. It noted that several alleged eyewitnesses contradicted one another, with some even suggesting that Hameed had voluntarily accompanied militants.
The Bench further ruled that a police custody confession was inadmissible under Section 25 of the Evidence Act, and the recovery evidence of skeleton and clothes was doubtful. The absence of DNA verification further weakened the case.
Dismissing the State's appeal, the Court concluded: "The prosecution has miserably failed to prove the charge beyond reasonable doubt. The presumption of innocence fortified by acquittal cannot be shaken without strong and cogent proof."
The appeal was accordingly dismissed, leaving the 2013 acquittal intact.
(JNF) |
