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| Prosecution failure leads to acquittal of Pak national | | | Jammu, Jan 13: Principal Sessions Judge Jammu Kartar Singh acquitted one Pak national namely as Tanveer Hussain of Manana Tehsil Samani District Bhimber of Pakistan after prosecution failed. After hearing Public Prosecutor for the state whereas Adv Sheikh Zulfiqar Ali for the accused, Principal Sessions Judge Jammu Kartar Singh observed that the prosecution has examined five witnesses whose statements have been discussed above but not even a single witness has connected him with the commission of the alleged offence. They have categorically stated that the accused is the son of Hakim Shah who went missing when he was child and later on he was surrendered before the Army and faced trial in the court at Rajouri where he was acquitted. Thereafter his father Hakim Shah took him to his home and got him married to daughter of one Mohd Latif Shah. The only evidence assembled by the prosecution during trial of the case is the interrogation report and except interrogation report, there is not even an iota of incriminating evidence against him. The said interrogation report is inadmissible in evidence and cannot be read against the accused and there is no other evidence against him. With these observations Court acquitted the accused from the charges leveled against him.
According to the police case that the accused which landed him in the custody for the commission of offences falling u/s 3 E.A.O are that on 28.3.2011, an information was received from reliable sources from police station Thanamandi that one person was living in the house of Hakam Shah S/o Jatim Shah vide showing himself as his son, though he is not his son and he had crossed the Pakistan border without any permission, with the assistance of the secret agency ISI in order to cause disturbance in the state and his name was Tanveer Hussain Bukhari and got married Mst. Parveen Akhter D/o Mohd Latif Shah R/o Village Hallot and has a son born out of the wedlock. A case u/s 419/420 RPC, 2/3 EAO, 2/3 EAIMCO was registered and investigation ensued. During investigation, the accused Tanveer Hussain was arrested and sent to Joint Interrogation Centre Jammu. It was only letter No. 2094-97 /JIC dated 10.4.2011 it is established that his real name as Tanveer Hussain Bukhari S/o Muneer Hussain R/o Manana Tehsil Samani District Bhimber Pakistan. During investigation, it was found that the accused got training in militancy related activities in the year 2002 and after crossing into this side, he remained busy in militancy activities in the state. Meanwhile his other militants colleagues were killed in anti insurgency operations he decided to surrender due to fear of his life. He approached Javid Shah who had some contacted with Army and got him surrendered before them and disclosed his name as Zaman Shah S/o Hakim Shah. He further said that the son of Hakim Shah namely Zaman Shah had gone missing and he made a wrong statement that he was Zaman Shah S/o Hakim Shah. The accused was also arrested in FIR No. 87/2010 and sent to the JIC where he admitted that he was a Pakistan agent. After investigation, the final report was submitted in this court. (JNF) |
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