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| TADA Court acquitts two alleged militants for want of evidence | | |
Jammu, August, 31:- Special Judge under TADA/POTA/Third Additional Sessions Judge Jammu Wani ND today acquitted Mohd Shafi s/o Rehman and Shabir Ahmed S/o Ghulam Ahmed, who are facing trial in a complaint lodged on May 1, 1993 with P/S Doda as the witnesses examined or contradictory to each other.
According to the police case that on April 30, 1993 at about 8:00 PM complainant Ghulam Mohd Bhat accompanied by Mohd Shafi Lambardar and Abdul Rashid Chowkidar of Village Gundna lodged a verbal report at P/S Doda stating that five unidentified terrorist out of them three were armed with rifles entered in the house of complainant and enquired about Mohd Sultan and thereafter asked him to accompany them, Mohd Sultan refused to accompany one of the terrorist, who was having a lathi and a gun, hit at the shoulder of Ghulam Mohi-ud-Din and scuffle ensued between them. Ghulam Mohi-ud-Din gave lathi below on the head of terrorist in his self defence, who fell down on the ground and remaining terrorists started indiscriminate firing as result 3 persons were received injuries, where as terrorist died on spot and other terrorists manage to escape. A case u/s 302/307/436 RPC 3/25 Arms and 3/4 TADA was registered and after completion of the investigation presented Challan against four persons in this Court in their absence, accused Mohd Shafi surrendered before the Court whereas accused Shabir Ahmed, who was absconding also apprehended and the police produced him in the Court whereas accused Arshad Hussain and Fida Hussain were killed during pendency of the case.
Wani ND Special Judge under TADA Act Jammu after hearing Joint Director Persecution appearing for the state and Advocate BR Gupta appeared for the accused persons and also referred various judgments of the Supreme Court observed that in view of the law laid down by the Supreme Court, the accused has not identified nor has any identification parade been conducted. The non-observance of these important factors renders the prosecution case unworthy of credit. The witnesses examined or contradictory each-other regarding the recovery of weapon, witnesses submitted that on attack of the militants, they succeeded in over-powering them and snatched the rifles of two militants, which were presented at police station, but contrary to it police is alleged to recover rifles from the land of complainant at the instance of witness. So recovery of weapon is also a mystery and does not connect the accused with the commission of crime. With these observations Court acquitted accused from the offences for which they have been charged as prosecution has miserably failed to establish the charge against the accused persons.
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