| HC issues notice to alleged PoK militant, other in acquittal appeal | | | Early Times Report
Jammu, Jan 7: (JNF) In a criminal acquittal appeal filed by state through Bhaderwah police station against Akhtar Hussain Malik, son of Qutab Din Malik of Shiva, Bhaderwah, and Asif Khan, son of Mohammad Sharief Khan of Rawlakote, Pakistan occupied Kashmir (PoK), who were acquitted by the trial court after the miserable failure of prosecution, high court judge Tashi Rabstan issued notice to the duo and directed registry to list the appeal after the service is complete.
According to the police case, on September 5, 2006, SSP, Doda, wrote a letter to Bhaderwah police station SHO for registration of case regarding recovery of fake and fictitious election card from HM militant Asif Khan.
It is alleged that during the joint operation launched by army and police on December 26, 2004 in Sungli area of Bhaderwah, Asif was apprehended.
Apart from arms and ammunition and other incriminating material, an election identity card bearing No JK-53-015113 issued to one Pawan Kumar, son of Girdhari Lal of Grarudi,Doda, under the seal and signature of Assistant Electoral Registration Officer, Doda, was recovered from his possession.
During preliminary inquiry, it was revealed that in 2002 when Asif was active in Shiva area, he used to visit frequently to the house of Akhtar Hussain at Shiva and asked him to arrange an identity card for him.
He provided election identity card of one Pawan Kumar to him. Akhtar had a nexus with Asif as well as other militant organisations.
It was revealed that involvement of some other persons as well as the official of Assistant Electoral Registration Officer, Doda, for managing fake election identity card to militants could not be ruled out. He directed the SHO to register a case against the accused under the provision of relevant sections of law.
On the letter of the SSP, FIR No 139/06 for the commission of offences falling under section 3 of EAO read with sections 471/468/34 of RPC was registered and investigation ensued.
During investigation, it became known that Asif wanted identity card so that he could not be identified by security Forces. In 2003, Akhtar visited the shop of Pawan Kumar and in his absence committed the theft of his election card and after scanning the same affixed the photo of the accused Asif Khan who was to be identified as Pawan Kumar. On December 26, 2004, Asif was arrested and the identity card was recovered from him. After investigation, the final report was submitted in the court and trial court observed that no room for doubt that when there is earlier FIR in respect of the offence, the second FIR cannot be registered against the accused on the investigation conducted in the first FIR and held that prosecution has miserably failed to prove its case against the accused beyond any reasonable shadow of doubt. |
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