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| Court acquits three accused of murder, rape | | Passes strictures against Investigating Agency | |
EARLY TIMES REPORT
Jammu, Jan 4 : Principal Sessions Judge Kathua AK Koul has acquitted Mohd. Aslam, Sadiq Hussain Both sons of Mushtaq Ahmed R/o Bathri Mohra Jatho Tehsil Billawar and Mushtaq Ahmed S/o Mohd Jamil, R/o Malhar, Tehsil Billawar Distt. Kathua who were facing trial in murder and rape case as prosecution miserably failed.
While acquitting the accused persons, Principal Sessions Judge Kathua AK Koul observed that "Before parting with, I would like to put on record that it is a fact that deceased was brought out from outside the State and she met with a homicidal death.
Why did we fail to identify the culprit. Are we so helpless that we cannot trap the person(s) who has/have committed this crime, of brutally killing the deceased? What protection and safety would the people expect from the law enforcing agencies. Why does the police invariably fail to act effectively so that the culprit is brought to justice and if such remains the state of affairs, the crime chart, which has already touched the heights, would go higher leaving the society in peril. Police needs to increase its efficiency so that the criminals do not find an exit route after they commit a crime. After all life is valuable and it needs to be protected with seriousness, sincerity and might."
Principal Sessions Judge Kathua AK Koul observed that that the prosecution has failed to establish the circumstances which could connect the accused with the crime. It is true that conviction can be based solely on circumstantial evidence but we have to bear in mind that while deciding a case of serious nature based on circumstantial evidence, the facts should be consistent only with the hypothesis of the guilt of accused and they should not be explainable on any other hypothesis except that the accused is guilty.
So the case fails because the link between accused and the guilt is altogether missing. The case is as such dismissed and the accused are acquitted of all the charges --JNF. |
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