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Accused involved in terror activities acquitted as prosecution fails
5/22/2014 12:06:31 AM
Jammu, May21: Principal Sessions Judge Poonch has acquitted Mohd Rashied of Salwah Chapper Dara Tehsil Mendhar District Poonch who was facing trial for the last 6 years u/s 2/5 ESA, as prosecution failed to prove involvement of accused with the crime.
The court today acquitted Mohd Rashied S/O Feroze-ud-Din R/O Salwah Chapper Dara Tehsil Mendhar District Poonch facing trial for the last 6 years u/s 2/5 ESA.
Principal Sessions Judge Poonch, Jaffer Hussain Beigh observed that prosecution has not produced the sufficient evidence to connect the accused with the crime. Court observed complainant and the other prosecution witnesses including the investigating officer have not been examined by the prosecution infer adverse inference against the prosecution under section 114(g) Evidence Act. With these observations Court observed that judicial process cannot be issued in the instant case against the accused as the prosecution has not succeeded in proving the guilt of the accused and acquitted the accused from the charges leveled against the accused.
According to the police case on 2/12/2007 Sub Shiv Lal Nath Kiran of 37 RR produced a person before Police Station Mendhar for lodging FIR stating that on specific intelligence report a Joint Search And Destroy Operation (SADO) was launched by troops of 37 RR and 39 RR along with police party in village Bella Banola and noticed accused moving in suspicious circumstances in Salwah Nalla (Bela Banola) and was apprehended on the spot. Search team also recovered a war likes stores gun powder 700 grams, detonator ten Nos. Gelatine sticks (25 mm x 125 grams) ten Nos and Cortex wire 5 mtr during the search operation. On this FIR No.161/ 2007 u/s 2/5 Explosive Substance Act(ESA) stood registered in Police Station Mendhar and during the course of investigation police seized the above mentioned articles produced by Major Rajnikant Coy Commander 37 RR along with the seizure memo of the said articles and challan was presented before the Court against the accused. (JNF)
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