news details |
|
|
| TADA court acquits bomb blast accused for want of evidence | | |
Jammu, Feb 06
TADA/POTA/3rd Additional Sessions Judge Jammu Wani ND today acquitted Mohd Suleman r/o Romat Marmat District Doda, who was facing trail in a bomb-blast case which took place on November 17, 1999 in a shop at Latti, as the prosecution has failed to establish charges against the accused.
According to the prosecution case, the allegation against the accused is that the accused along with Sanjay Gandhi alias Shafiq, Gulzar Ahmed, Mohd Rafiq and Abdullah conspired to plant a bomb in the shop of Krishan Lal situated at Latti and in furtherance of the conspiracy on November 17, 1999, Sanjay Gandhi alias Shafiq carried a bomb in a bag to the shop of Krishan Lal and kept the same below the counter of the shop, after sometime the bomb-blasted and caused injuries to Krishan Lal and other consumer in the shop.
Wani ND, after hearing Advocate Yogesh Bakshi appearing for the accused and APP appearing for the prosecution, observed that the present accused under Justice Juvenile Act has been declared to be juvenile (under age) vide Court order dated December 4, 2001 and a separate challan was presented against him. From the perusal of the statements of witnesses it is crystal clear that there is not an iota of evidence against the accused for which an explanation is to be sought. The complainant has stated against the accused Sanjay Gandhi only, who has already been acquitted. He has stated nothing against the present juvenile and the other witnesses have not even identified the accused or stated that they ever saw the accused in the company of his alleged associates. The provision of section 342 Cr PC is mandatory in character and questions put to the accused and explanation sought is essential to appreciate the evidence as a whole.
Wani ND said that in the absence of any circumstances implicating the accused, nothing is either to be put nor any explanation is to be sought from the accused for any incriminating circumstances. Court is of the opinion that the cogent and convincing evidence requires for the complicity of the accused is missing, therefore, the accused is acquitted from the charges. JNF
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
