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| Case decided after 18 years of investigation, trial | | Court acquits Bitta-Karate from charges of attempt to murder | | JAMMU, JULY 31
TADA/POTA/3rd Additional Sessions Judge Jammu, Mr. Sanjay Gupta, today acquitted Farooq Ahmed Dar alias Bitta-Karate (one time close associate of JKLF Chief Yasin Malik) from the charges of attempt to murder and destroying evidence of the occurrence after 18 years investigation and trial of the case.
Sanjay Gupta 3rd Additional Sessions Judge Jammu after hearing Advocate Yogesh Bakshi appearing for the accused Bitta-Karate and Additional Public Prosecutor Mr. Gulzar Singh appearing for the state observed that from the perusal of challan it has been revealed that there have been only six witnesses and the prosecution after availing more than 30 calendars has produced only two witnesses. From the perusal of file it is further revealed that Superintendent of Police, Srinagar, has endorsed a report that complainant Basharat Ahmed Noori has crossed over the border and is running JKLF camps in the Pakistan. Prosecution witness Bilal Ahmed has died, it has been further stated in the letter that other witness is not traceable. Statement of APP to this fact has also been recorded. The witnesses produced by the prosecution during trial are Abdul Hamid and Ghulam Rasool. Abdul Hamid stated that the statement written on his name u/s 161 CrPC is incorrect. This witness was declared hostile whereas Ghulam Rasool stated that he does not know accused he investigated the case partially. Despite efforts the medical report of injured was not obtained as the complainant absconded. The challan was produced without any medical report and the complainant is still absconding as per his knowledge.
Adv Yogesh Bakshi appearing for the accused stated that there is no incriminatory material against the accused for recording the statement of accused u/s 342 CrPC. Upon this the Court has carefully gone through the whole file. The prosecution has examined only two witnesses. These two witnesses have stated nothing against the accused as per prosecution, the complainant has cross over the border and it has further been stated that Bilal Ahmed has died and other witness is not traceable. In criminal case burden always lies on the prosecution to prove the case against the accused beyond reasonable doubt in the present case, there is not an iota of evidence against the accused. Even medical report is not in the file and the witness stated that he could not obtain the report as complainant absconded. In these circumstances Court think that there is no need for recording statement of accused u/s 342 CrPC, hence challan is dismissed at this stage and acquitted Farooq Ahmed Alias Bitta-Karate, who was present in the Court, of the charges after 18 years investigation and trial.
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