Excelsior Correspondent
JAMMU, Apr 24: Principal Sessions Judge Jammu, Kartar Singh has acquitted alleged Hizbul Mujahideen militant and his supporter as prosecution failed to prove its case against them.
The alleged HM militant and his supporter namely Asif Khan, son of Mohd Sharief Khan of PoK and Akhtar Hussain Malik, son of Qutab Din Malik of village Shiva were arrested on December 26, 2004 from Sungli area of Bhaderwah along with arms ammunition and other incriminating material including election identity card under the seal and signature of Assistant Electoral Registration Officer Doda.
During preliminary inquiry, it came to fore that Asif Khan used to get shelter in the house of the Akhtar Hussain and during the period he asked Akhtar Hussain to arrange an election identity card for him so that he could not be identified by the security forces. After investigation the final report was submitted in the court of law.
After hearing both the sides, Principal Sessions Judge observed, “on September 5, 2006 SSP Doda wrote a letter to SHO Bhaderwah Police Station for registration of case regarding recover of fake and fictitious election card from HM militant Asif Khan”, adding “when there is earlier FIR in respect of the offence, the second FIR cannot be registered against the accused on the investigation conducted in the first FIR”.
“The prosecution has miserably failed to prove its case against the accused beyond any reasonable shadow of doubt”, the Court said and acquitted the accused of the charges framed against them.
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