news details |
|
|
| 3 Hizb activists acquitted | | |
EARLY TIMES REPORT
JAMMU, Sept 20: Principal Sessions Judge Jammu AK Shan today acquitted Abdul Hamid s/o Abdul Jabar, Bashir Ahmed s/o Ab Subhan and Munir Ahmed s/o Ghulam Rasool all resident of Loren Tehsil Haveli District Poonch who were facing trial in Enemy Agents Ordinance and Arms Act.
According to the prosecution case, the accused Abdul Hamid at the event his arrest and seizure of arms and ammunition allegedly at his instance was arrested by the BSF and on his statement that he has concealed one pistol, 2 magazines and 16 rounds of pistol and one wireless set, one binocular, 2 antenna of wireless set and a bayonet with cover of AK 47 in his house behind T.V set.
According to the enquiry he is affiliated to dreaded Hizbul Mujahdeen a banned outfit along with other accused persons who were working as guide for the HM Outfit out of whome whom accused Bashir is in possession of four bags and accused Munir Ahmed a wireless set. An FIR was registered u/s 120-B,121,122,123 RPC ,7/25 /26/27 Arms Act and 3 of J&K Prevention and Suppression of Sabotage Act,1965 was registered and started investigation and after completion of investigation challan was presented in the Court whereas accused Mohd Yousaf and Abdul Subhan was discharged by the order of Court.
The court after hearing Public Prosecutor Shabir Ahmed for the State and Advocate Ved Raj Wazir and BL Chattha for the accused persons and after going through the case and also the statement of witnesses and referred the various judgments of Supreme Court observed that in the present case, none of the police officer has even stated that they have tested the missiles and found them in working condition.
Moreover, after the passing of said judgment by the Supreme court, in the same year, later-on another judgment was passed in the case titled Jaspal Singh Vs State of Punjab, passed by the Bench consisting of three Judges wherein it has been laid down that in absence of proof of expert that gun was in working condition, conviction can not be passed under the Arms Act. So far as the involvement of other two accused persons under section 3 of E.A.O is concerned, there is no evidence on record to suggest that they were agents of enemy or had ever worked for the enemy or at the behest of enemy including ISI or HM. So they can not be convicted u/s 3 EAO.
The prosecution has failed miserably to bring home guilt of the accused beyond any reasonable shadow of doubt and as such accused are acquitted of the charges framed against them and they are ordered to be set free forthwith if they are not detained in some other case. ---(JNF)
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
