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| TADA Court acquits alleged HM militant | | | Early Times Report
Jammu, Jun 04-Acquiting accused Mohammed Shafi, alleged militant of HM outfit, from the charge of firing upon the Army personnel after an encounter at Trehgam Kupwara on May 24, 1994, the Presiding Officer TADA/POTA Court held that prosecution has failed to prove the guilt of accused beyond reasonable doubts by cogent and clear evidence.
Presiding Officer, after hearing counsels from both the sides and also going through the statements of the witnesses, observed that the contradiction referred to by the counsel for the petitioner regarding the presence of police during the search operation by the Army, Major C Madhwal deposed that the police personnel were accompanying them whereas prosecution witness Joginder Singh deposed that police personnel were not accompanying them. This contradiction casts a shadow of doubt on the presence of said witnesses during the search operation conducted by the Army and tells upon the truthfulness of the prosecution case against accused Mohammed Shafi Lone.
According to the challan against accused Mohammed Shafi and Amjad Qureshi, it was alleged that on May 24, 1994 at Trehgam Kupwara during search operation conducted by the Army, the accused persons along with other militants armed with weapons fired upon the Army personnel and after the encounter accused Mohammed Shafi and Amjad Qureshi were apprehended and arms and ammunitions were recovered from their possession. During the pendency of the case, the accused Amjad Qureshi confessed to the guilt and was convicted vide order October 24, 2001 while accused Mohammed Shafi was charged for the offences u/s 3/4/5 TADA and 3/25 Arms Act. JNF
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