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| Court acquits alleged HM militant as prosecution fails miserably | | | Jammu, May 20 (JNF): Principal Sessions Judge Jammu RS Jain today acquitted Tanvir Ahmed s/o Nazam Din r/o Bagorian Dhar, district Doda alleged HM Militant who was facing trial u/s 3 Enemy Agents Ordinance/7/25 Arms Act/6 Wireless and Telegraph Act, prosecution case is full of legal infirmities and reasonable doubts.
According to the police case against accused Tanvir Ahmed , on 14.5.2012, Sujad Haider, SHO, Police Station, Doda received information from a reliable source that one terrorist Tanvir Ahmed in the year 2002 joined Militant organization HM and to receive training illegally crossed the international border into Pakistan was looking to strike in the Nalwa area of Doda. Thereafter the SHO along with police personnel cordoned the area and during the search apprehended the accused who was trying to hide in the bushes in Nalwa area. On personnel search of accused one pistol two magazines, 30 round of pistol, one wireless set, one satellite phone and two hand grenades were recovered from the possession of accused. On conclusion of investigation, challan u/s 3 Enemy Agents Ordinance /7/25 Arms Act/6 Wireless and Telegraph Act was presented against accused.
After hearing both the sides, Principal Sessions Judge Jammu RS Jain observed that non-examination of independent witnesses coupled with other deficiency which are material in nature in the prosecution evidence certainly casts a doubt on the prosecution case and adversely effect the weight of evidence of the police witnesses. Thus, in such circumstances, it can be said that the recovery of arms and ammunition becomes doubtful. There is no evidence on record to prove that the arms and ammunition recovered were neither packed nor sealed and this cannot rule out the possibility of the arms and ammunitions being tempered with. This, apart, the seized arms and ammunitions have not been produced in the Court which too makes the prosecution highly doubtful and unreliable. Court further observed that Prosecution has failed to examine the IO and thus deprived the defence the chance of putting its case as well as the contradictions and omissions to him for his explanation and thus the non-examination of the IO has certainly caused a prejudice to the accused in his defence and hold that hold that the prosecution case is full of legal infirmities and reasonable doubts. Since the prosecution case is full of reasonable doubts and accused is entitled to the benefit of doubt. Accordingly, accused Tanvir Ahmed is acquitted of the charges framed against him by this Court. |
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