Early Times Report
Jammu, Sept 2(JNF): Principal Sessions Judge Jammu Kartar Singh has acquitted Gulzar Ahmed Wani of New Colony Akhran Kulgam an alleged trained militant of Hizbul Mujahideen as prosecution failed to prove its case.
According to police case that on 2 November 2005 P/S Bahu Fort had gone to Bathindi in connection with investigation of case FIR No.225/2004 under Section 4/5 ESA and during investigation the police recovered one AK 56 rifle No.10564 alongwith 20 live rounds on the Nishandehi of the accused. It was found that the accused was a trained militant of Hizbul Mujahideen, a group of militants who wanted to spread militancy in Jammu and for the said purpose, had kept one AK 56 rifle in his possession. On this, FIR No.168/2005 for the commission of offences falling under Sections 120-B, 122/121-A/120-A read with Section 7/25 Arms Act was registered against the accused and the investigation ensued. During investigation, the disclosure statement was made by the accused.
The Court after hearing both the sides observed that one fails to understand as to why the independent witnesses, though available on the spot, were not summoned to witness the recovery and seizure of the prohibited arms nor any effort was made by the investigating officer to associate them with the investigation "Again, it was for the investigating officer to explain this material circumstance but he has been withheld by the prosecution whereby the accused has been deprived of his valuable right to cross-examine him regarding the material circumstance which appeared during the investigation," the judge observed.
The Court held that the prosecution has miserably failed to prove its case against the accused beyond a pale of doubt. He is therefore acquitted of the charges levelled against him. |
