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Alleged ISI agents discharged
1/4/2014 10:33:37 PM

EARLY TIMES REPORT

Jammu, Jan 4 : Principal Sessions Judge Jammu Kartar Singh discharged Rakesh Kumar, Ramnik Singh, Pinka Kumar and Joginder Singh alleged agents of ISI at the stage of framing charge.
According to the police case that on 17.5.2013 Inspector Lakhbir Singh of 94 Bn of BSF produced two mobile phones having two SIM cards each in the police station and also submitted written report on behalf of company in which it is alleged that during the intervening night of 16/17 May 2013 BSF Jawans posted at Naka noticed some movement on the border from Pak side. On noticing unidentified intruders, they were challenged and the intruder ran back into Pak territory but succeeded in throwing a small packet wrapped with black tape and on its opening one shirt white colour in which one cell phone silver colour and two SIM cards of Pak cell phone service provider were found. On search, another cell phone of Nokia make red colour in which two SIMs of Pak cell phone service provider were found which was conspiracy of Anti social and Anti national elements and those telephones were to be used for the purpose of espionage or sabotage within Indian territory.
On this report FIR No.90/2013 for the commission of above said offences was registered and investigation ensued. The police seized the recovered articles and recorded the statements of witnesses. The accused Rakesh Kumar, Ramnik Singh and Pinka Kumar were arrested and interrogated.
According to the prosecution the accused hatched conspiracy to spread terrorist activities in the State. After investigation final report was submitted in the court.
After hearing both the sides, Principal Sessions Judge observed that only incriminating evidence against the accused is the interrogation report which has been placed on record by the investigating officer. The interrogation reports of the accused reveal that they are Pak agents and were working for ISI and used to indulge in smuggling activities. In this connection they further met one person namely Jagga who belonged to Punjab. Interrogation report is not admissible in evidence as it is hit by section 25 of the Evidence Act. Except this there is no other evidence against the accused in order to connect them. The interrogation report relied upon by the prosecution is of no use as it is hit by Evidence Act. The accused are therefore discharged for the commission of alleged offence. JNF.
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