Excelsior Correspondent
JAMMU, May 14: Principal Sessions Judge Kulgam Tahir Khurshid Raina has acquitted Ghulam Ahmed Bhat and Tariq Ahmed Bhat, sons of Ghulam Mohd Bhat of Kulgam in the murder case as the prosecution failed to prove the guilt against the accused beyond any reasonable doubt.
Brief facts as disclosed by the challan are that on 24.06.2004, Police Station Kulgam received an information through reliable sources that during intervening night on 23/24th of June 2004, some miscreants kidnapped Bilal Ahmad Bhat, son of Ghulam Bhat of Paniwah and killed him by using sharp-edged weapon.
During the course of investigation, it came to fore that deceased was having a love affair with Ruby Jan, daughter of Ab Rashid Bhat of Paniwah and both were intending to marry with each other. The legal guardians of Rubi Jan especially the accused were not happy on their relation which became the reason for murder of the deceased.
After hearing counsel for the accused and Public Prosecutor, the Principal Sessions Judge observed, “in the whole trial of the case which went on for around 18 years, the Investigating Officer of the case who is the architect of the prosecution case did not appear in the court to depose about the investigation done by him”.
“It speaks of rank slackness, non-serious and indifferent attitude of the prosecution about the criminal cases which they file in the court against the accused, but do not bother to prove the same against him. It reflects that prosecution simply believes in throwing of some bundle of papers in the court with least concern about their result”, the Judge said, adding “the result is obvious— much higher rate of acquittals in criminal cases which simply emboldens the accused and their ilk and gives a hopeless message to the society at large, who is an important stake holder in the fair and effective criminal justice system”.
“The non-examination of the IO has definitely prejudiced the prosecution case as all the lapses and contradictions were to be explained by him. Thus, in my opinion, non- examination of the Investigating Officer is a serious infirmity. Hence, on this score as well conviction of the accused cannot sustain in the eyes of law”, the Judge said, adding “an attempt was made by the prosecution to produce IO at the fag end of the trial, when case was being heard after 18 years of its institution. This delayed attempt was however rejected by the court on account of the glaring fact that it is simply meant to delay culmination of the trial and also to violate the right of speedy justice of the accused”.
Stating that prosecution has not been able to prove the guilt against the accused beyond any reasonable doubt, the court dismissed the prosecution case as not proved. Accordingly, accused persons were acquitted of the charges framed against them.
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