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| Alleged militant of LeT/HM acquitted as prosecution failed | | | Early Times Report
Jammu, May 26 : Principal Sessions Judge Poonch Jaffer Hussain Beigh has acquitted Muzamil Khan S/O Anayatullah Khan R/O Dharaba Surankote alleged militant of Lashker-e-Toiba and Hizabul Mujahideen, as prosecution miserable failed.
According to the police case, on 3rd September 2006 Army personnels of 9 Madras and 25 RR were on joint operation at LOC where they found that a person without any valid permit was coming from Pakistan after crossing LOC and came towards the post of 9 Madras at Chattri near Sona Wali Gali and after caution by the operation party the said person laid down his arms and surrendered before the army.
On enquiry the person was found Muzamil Khan of H.M and the army officials took him for questioning to Surankote. After completion of investigation challan was presented.
Principal Sessions Judge Poonch Jaffer Hussain Beigh observed that there is no evidence on record to suggest that the alleged seized articles were recovered from the accused and the accused has entered into the Indian Territory from POK after crossing the border, it cannot be said that the accused has committed any offence with which he has been charged.
Investigating agency has not cleared whether it was AK-47 Rifle or AK-74 Rifle but it is admitted fact of the prosecution that the two magazines allegedly seized from the accused were empty.
There is also no ballistic expert report to say whether the rifle was in working order or not which also goes to the root of the case. With these observations Court observed that judicial process cannot be issued in the instant case against the accused person as the prosecution has not succeeded in proving the guilt of the accused. This being so the instant case straight way merits the acquittal of the accused and acquitted the accused from the charges leveled against him.(JNF) |
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