news details |
|
|
| Courts acquits former SDPO facing custodial death | | | Early Times Reporter
Jammu | May 28
First Additional Sessions Judge Jammu Puneet Gupta, acquitted Abdul Rashid Khan the then SDPO Hazratbal who was involved in custodial death of one and killing of two others in alleged fake encounter along with other six police officials as the prosecution has failed to connect the accused with the commission of offence.
According to the police case on June 23, 1999, the victims namely Nazir Ahmed Gilkar, Javed Ahmed Shah and Ghulam Rasool Mattoo at about 7:30 PM after seeing off bride at Badpura were returning on a scooter which was stopped and checked near police station Soura, Srinagar by police personnel and the three persons were whisked away along with scooter to police station Soura. Nazir Ahmed Gilkar was subjected to torture during investigation as a result of which he died in the police station. The accused in order to conceal their unholy act decided to do away with the lives of rest of victims also. The accused under the command and direction of co-accused Abdul Rashid availed services of CRPF personnel by using their vehicles during operation that followed after killing Nazir Ahmed Gilkar. The accused are alleged to have taken the rest of accused to Baramulla and the victims and Ghulam Rasool and Javed Ahmed Shah were taken to Baramulla and were shot dead by the accused persons and their dead-bodies were thrown within the jurisdiction of Sheri Police station. The dead-bodies were noticed by one NS Mehta Asst Commandant BSF proceedings 174 CrPC were initially taken out and thereafter FIR was registered on September 26, 1999. So far as Nazir Ahmed Gilkar is concerned his body was found from Dal-Lake area within the jurisdiction of Nageen P/S. Both cases came to be investigated by Crime Branch Srinagar. The usual investigation took place in the matter. It may be stated that dead-bodies which were buried in the P/S, were exhumed on the directions of concerned District Magistrate and the bodies were later on buried in the native graveyard of the victims. On the basis of investigation Crime Branch filed charge-sheet u/s 364, 302, 201, 34 RPC except accused Tariq Ahmed Guru.
The accused Abdul Rashid Khan who was preceded u/s 512 CrPC appeared in the challan after the fate of co-accused in this case which was decided by the judgment dated February 2, 2008 and co-accused stands acquitted. The charge was framed against Abdul Rashid Khan on April 26, 2008 u/s 302/364/201/34 RPC.
1st Additional Sessions Judge Mr. Puneet Gupta in the 32 pages judgment after hearing both sides observed that prosecution evidence when viewed from any angel has failed to connect the accused with the commission of offence. Prosecution case at the most gets halted at the citing of scooter, if to be believed and accepted, prosecution case does not go further this. It is not a case of prosecution that only accused were manning police station Soura on June 23, 1999 when operation from accused with regard to torture of Nazir Ahmed Gilkar and thereafter elimination of Ghulam Rasool and Javed Ahmed Shah stated and culminated in their deaths within jurisdiction of police station Seri Baramulla, prosecution has failed to convince the court that accused were the participants in the commission of crime. Rest of the evidence which only pertains to recovery of dead-bodies from the police station or seizure of clothes of victims from the police station are evidence which are only formal in nature and do not throw any light on the prosecution case qua-accused who is present before the court facing trial. The prosecution has failed to connect to accused Abdul Rashid Khan then SDPO Hazratbal with the commission of offence beyond shadow of doubt. The accused is acquitted of the charges in the both challans and is set at liberty. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
