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| Prosecution failure leads to acquittal in grenade attack on CRPF | | | Early Times Report
SRINAGAR, Dec 3: 3rd Additional Sessions Judge Srinagar Tasleem Arief acquitted Mushtaq Ahmed Sheikh son of Mohd Sultan Resident of Shaheen Mohalla Noorbagh Srinagar who was facing trial in grenade attack on CRPF in the year 2006, as prosecution miserably failed to prove its case.
The case had its origin in the information that the police had received inputs from a confidential source, who informed the police that unknown militants have hurled illegally obtained hand grenade upon the CRPF personnel posted in the Qamarwari Chowk with intent to kill them and that the explosion of that hand grenade has injured several CRPF personnel and pedestrians. The police station concerned registered case FIR No. 128 of 2006 regarding the incident for the commission of offences punishable under section 307 of the Penal Code and sections 3/5 of the Explosive Act.
Court after hearing both the sides observed that prosecution has failed on all counts as it did not produce any evidence or any material which would show or suggest to this Court that the accused has committed any culpable or criminal act. Thus viewed, the prosecution would be found of having failed to prove the charge against the accused.
This Court did not find the Prosecution of having produced any incriminating circumstance against the accused even for examining him under section 313 of the Code (analogous to section 342 of the old Code). This Court finds that the instant case can safely be disposed of under section 273 of the Code. Consistent with the aforesaid discussion and the reasons provided this Court considers that the Prosecution case must fail, that it deserves dismissal and that the accused deserves acquittal.
Such being the case, this Court hereby dismisses the Prosecution case and acquits the accused of the offence of which this Court had charged him. The accused is, thus, acquitted of the offences punishable under sections 427 and 307 of the Penal Code and sections 7/25 of the Arms Act. The accused and his surety/s shall stand discharged from their respective liabilities under the personal and surety bonds. |
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