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| Shoddy investigation leads to acquittal of alleged LeT outfit | | | Early Times Report
Srinagar, Nov 11: 4th Additional Sessions Judge Srinagar acquitted one LeT outfit militant Abdul Majid Cheechi son of Din Mohammad Cheechi of Chowkibal Kupwara as prosecution failed to prove its case.
While acquitting the accused, Court observed that important fact is that the seized items i.e grenade and the rounds have not been examined by the ballistic expert so as to check whether they were in the working condition or not. Important to note that after perusal of the challan, there is no single witness or a document which could reveal that the alleged recovered items have ever been shown or forwarded to the ballistic expert in order to know about their working condition. This fact also goes against the prosecution.
Court further observed that it is important to note that there were only five witnesses , two have been examined and the rest three have not been called in the court. Perusal of the list of witnesses reveals that I.O as well as important witness Khalid Hussain has not been called in the court so as to explain lapses in the investigation and how they would not affect the veracity of the case. The non examination of these witnesses also proves fatal to the prosecution. Weight of the depositions of the prosecution witnesses gets thus affected by the following infirmities in the prosecution case for Non-examination of the seized arms and ammunition by a ballistic expert, Non-association of any public witness with the exercise of alleged recovery, omission to seal the seized property on spot, to obviate the scope of false implication of the accused to whom they are attributed and failure to produce investigating officer at trial who only could explain why the lapses occurred and how they would/would not affect the veracity of prosecution case. His non-examination has vividly the traits which lead to inference that serious prejudice has been caused to accused.
With these observations, Court held that the prosecution story does not inspire confidence. There is no scope to hold the accused guilty under section 7/25 Arms Act. He is entitled for acquittal and is accordingly acquitted. --(JNF) |
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