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| Court acquits alleged ISI Agent as prosecution failed | | | early times report
Jammu, January-03 (JNF):- Principal Sessions Judge Jammu today has acquitted one Khamida Bi of Poonch who was facing trial under enemy agent ordinance for allegedly working for ISI.
Principal Sessions Judge Jammu Jang Bhadur Singh Singh Jamwal after hearing both the sides observed that all the prosecution witnesses have admittedly stated that the radio set was recovered from the accused, but none of the witness has ever seen the accused while operating the same and having connection with the Army of other country or agent thereof. Court observed though the allegation made that accused Khamida Bi w/o MohdSafar r/o Village Kirni, Poonch has no substantial evidence available on record to establish the same.
Prosecution has labeled the allegation that the accused has been acting with Enemy Agent or Army of across the border, court said adding border is admittedly fenced and holding a wireless set that may be banned under the Telephone Act, simply possession of the wireless set will not amount to aiding the enemy or Army of across the border. A mere possession of radio set does not establish the accusation of the accused as per the prosecution case and thus, evidence of other marginal witnesses is also not inspiring confidence.
There is no evidence to connect the accused with the commission of offence. With these observations Court dismissed the challan and acquitted the accused from the charges framed against her.
According to the police report on March 9, 2004 a written report lodged by Army Personal stating that during routine search of baggage of Mst. Khamida Bi w/o Mohd Safar r/o Village Kirni, and she was found with radio sets ICOM Model No. ICV 8 Registration Number 015988 and it was suspected that it was being used for the purpose of guiding Trans Line of Control movement of terrorists, directing enemy artillery fire and anti national activities. On the basis of this report, police registered the case and after completion of investigation challan was presented in the Court of law. JNF
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