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| ‘Prosecution fails to prove the guilt’ | | Court decides case in just 4 months, acquits accused | | Early Times Reporter
Jammu | May 2
In the judicial history of J&K, a criminal case was decided within shortest period of four months.
Additional Sessions Judge Jammu Mr. RS Jain decided a criminal case within period of four months and acquitted the accused on the basis of contradictions in the prosecution witnesses.
According to the police case on July 17, 2007 ASI Hira Lal Incharge Border Police Post Trewa gave telephonic information to SHO Arnia that during the patrol he got information from a reliable source that some enemies on the instructions of ISI to wage war against the country and create chaos in the society, have concealed seven bombs in the bushes of AIK Nallah. On receipt of this information, SHO reached the spot from where seven bombs, kept in a plastic bag, were recovered from the bushes. A case u/s 3/PSSA was registered in the P/S Arnia. During the investigation, statements of the witnesses were recorded on August 29, 2007. The IO during patrol duty went towards Koolkalan and during this period it was found that two persons were going towards Indo-Pak border. The said two persons were chased and apprehended by the police party. During investigation both the persons disclosed their names as Mohd Feroz and Mohd Mustaq both residents of Bihar. The accused informed the police that they had got persons from Bangladesh through Delhi whom they used to be sent to Pakistan after crossing the border and both the accused after crossing the border were coming into the Indian side and they had seven grenades with them.
Additional Sessions Judge, after hearing Additional Public Prosecutor appearing for the State and Advocate Satinder Gupta appointed by the court for the accused and accused presents under custody, observed that at this stage it would not be pertinent to note that the alleged recovery of grenades had been made in July, 2007 whereas the accused have been arrested in August, 2007, Adv Satinder Gupta appearing for the accused submitted that there are a number of material contradictions of witnesses examined by the prosecution as such implicit reliance cannot be placed on testimonies to convict the accused with the offence with which they are charged as the accused have been involved in a false case by the police and deserves to be acquitted. He further submitted that grenades were recovered from Nallah but there is no report of the FSL that the articles seized by the police were in fact explosive substance and in any case no witness from the bomb-disposal squad has been examined by the prosecution to show that the articles recovered were in fact grenades.
In the detailed acquittal judgment Court further observed that in view of the contradictions and omissions in the testimonies of the witnesses, it is apparent that prosecution has failed to prove the guilt of the accused beyond reasonable shadow of doubt. It is settled principle of law that prosecution is under an obligation of proving guilt of accused beyond reasonable shadow of doubt by cogent and clear evidence. In the present case the police presented challan in the month of December 2007 and court acquitted the accused within a shortest period of four months. JNF |
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