Excelsior Correspondent
JAMMU, Sept 2: Principal Sessions Judge Jammu, Kartar Singh has acquitted Gulzar Ahmed Wani, alleged militant of Hizbul Mujahideen as prosecution failed to prove case.
The alleged militant was arrested by Bahu Fort Police on November 2, 2005 along with arms and ammunition. Accordingly, a case under Sections 120-B, 122/121-A/120-A read with Section 7/25 Arms Act was registered against the accused and the investigation ensued. After completion of investigation challan was presented.
After hearing both the sides, Principal Sessions Judge observed, “one fails to understand as to why the independent witnesses, though available on the spot, were not summoned to witness the recovery and seizure of the prohibited arms nor any effort was made by the investigating officer to associate them with the investigation”.
“Again, it was for the investigating officer to explain this material circumstance but he has been withheld by the prosecution whereby the accused has been deprived of his valuable right to cross-examine him regarding the material circumstance which appeared during the investigation”, the court said.
Observing that prosecution has miserably failed to prove its case against the accused, the court acquitted alleged militant of the charges leveled against him.
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