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| TADA Court acquits alleged militant involved in grenade blast case | | |
Jammu, NoV 30
Presiding Officer of TADA/POTA/3rd Additional Sessions Judge Jammu Wani ND today acquitted Mohd Arfan s/o Kamar Din r/o Lodhra Tehsil Ramnagar District Udhampur, facing trial in a grenade explosion case at Salain Talab Matador Stand on May 9, 2004 along with accused Mohd Shafiq, who was proceeded u/s 512 CrPC and declared absconder.
According to the prosecution case the accused person exploded grenade in order to disseminate militancy and create terror among the common people due to this explosion few persons sustained injuries and a case u/s 307 RPC 7/25 Arms Act and 3 PSS Act was registered. During the investigation police seized the splinters of exploded material, recorded the statement of witnesses and after completion of the investigation presented challan in the Court on June 4, 2005. The accused Mohd Arfan was charge sheeted under the said acts and prosecution examined witnesses.
In the acquittal judgment Wani ND after hearing both the sides observed that the whole evidence so far adduced by the prosecution comprising independent witnesses as well as police officials. They have neither identified the accused nor their whisper in the evidence that accused exploded a bomb in Salian Talab matador stand or any grenade was recovered from the possession of the accused or at his behest. There is not even an iota of evidence that accused made disclosure to the effect that he concealed a grenade in the bushes, which police alleges to have recovered. Mere fact that few persons sustained injuries and record of FSL endorses that splinters sent to the laboratory were found of gun is not sufficient to implicate the accused for the commission of offence u/s 3 PSS Act. Identity of the accused has not been established; his presence on spot or near by place of occurrence has not been established. It has not been proved by the prosecution that accused was in any way involved in the commission of offence. The evidence educed is very weak and feeble. With these observations, Court acquitted accused from the charges leveled against him with the direction that the file be put up again as and when accused Mohd Shafiq who was declared absconder is arrested or brought before the Court.
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