Excelsior Correspondent
JAMMU, Dec 2: Principal Sessions Judge Poonch, Jaffer Hussain Beigh has acquitted five alleged militants, who were involved in Fidayeen attach at Kamsar Army Camp under the jurisdiction of Poonch Police Station on September 4, 2003 as prosecution miserably failed to prove the offence against them.
According to police case, on September 4, 2003 two militants attempted to enter the Kamsar Army Camp but their movement was detected by the sentries. Upon this, the terrorists tried to take shelter in the nearby house but they were resisted by a lady following which the terrorists resorted to indiscriminate firing resulted into killing of Zaheeda Parveen and injuries three persons namely Nazia Parveen, Farzana Kouser and Mohd Irfan.
Thereafter, the terrorists approached the Army camp from the rear and attempted to enter by lobbying hand grenade and bringing heavy volume of fire. The sentries and QRT brought down effective fire, lasted near about one hour, resulted in the killing of both the terrorists.
During the course of investigation, offences under different sections of RPC and Arms Act were established against the accused Jameel Ahmed, Farooq Ahmed, Ramzan Joo, Ahmed Din, Ghulam Mohd, Pervez Ahmed, Abdul Majid, Mohd Mushtaq, Mohd Farooq, Zahid Ahmed and Ahmed Joo were established.
During trial, Ahmed Din, Mohd Mushtaq and Mohd Farooq absconded as such proceedings under Section 512 CrPC were initiated against them. The accused Zahid Ahmed was declared juvenile for which the prosecution was directed to present the separate challan.
After hearing both the sides, Principal Sessions Judge Poonch Jaffer Hussain Beigh observed, “it is the settled principle of law that the recovery of material object on disclosure by accused does not connect the accused with crime unless close link between the material object discovered and its use in commission of offence has been proved”.
“In my opinion clothes are not the material object for commission of the offences punishable under Section 302 or 307 RPC. It is the arm and the ammunition which is material, as per the prosecution version, have been used for the commission of offences in the instant case and held that when there is neither direct nor indirect evidence against the present accused namely Ramzan Joo, Khawaja Ghulam Mohd, Pervez Ahmed and Abdul Majid means that there is no evidence adduced by the prosecution in order to connect them with the commission of the crime”, the court said.
“Not only this Court can even say that there is absolutely no evidence on the file so that the present accused can be asked to enter upon their defence”, Principal Sessions Judge said. Accordingly, the Court acquitted the accused.
Follow our WhatsApp channel