Excelsior Correspondent
JAMMU, May 26: Principal Sessions Judge Poonch, Jaffer Hussain Beigh has acquitted Muzamil Khan, son of Anayatullah Khan of Dharaba Surankote, alleged militant of Lashker-e-Toiba and Hizabul Mujahideen, as prosecution miserable failed to prove the case.
According to the police case, on September 3, 2006 Police Station Mendhar received an information through reliable sources that the accused Muzamil after crossing the border without valid permit has entered the State. Accordingly, police swung into action and during the course of investigation it was established that the alleged militant was caught by the Army after he illegally crossed LoC. After completion of investigation, challan was presented.
“There is no evidence on record to suggest that the alleged seized articles were recovered from the accused and the accused has entered into the Indian territory from PoK after crossing the border. It cannot be said that the accused has committed any offence with which he has been charged”, the court said, adding “investigating agency has not cleared whether it was AK-47 Rifle or AK-74 Rifle but it is admitted fact of the prosecution that the two magazines allegedly seized from the accused were empty. There is also no ballistic expert report to say whether the rifle was in working order or not which also goes to the root of the case”.
“The judicial process cannot be issued in the instant case against the accused person as the prosecution has not succeeded in proving the guilt of the accused. This being so the instant case straight way merits the acquittal of the accused”, the court said while acquitting the accused of the charges leveled against him.
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