Excelsior Correspondent
JAMMU, July 17: Principal Sessions Judge Bhaderwah, M K Sharma today acquitted five alleged militants namely Mansoor Ahmed, Bashir Ahmed, Tahir Hussain, Ghulam Jeelani and Abid Hussain, who were involved in attack during bye-election at Bhaderwah wherein one cop lost his life and four others sustained injuries, as prosecution miserably failed to prove the case.
After hearing both the sides, Principal Sessions Judge observed, “in the instant case the Investigating Officer did not seal the recovered articles. He has stated that the recovered grenades were destroyed on the orders of the court. He has placed the copy of the order of the court on record but no evidence whatsoever has been adduced to prove the destruction of grenades, which further makes the prosecution story doubtful”.
“Furthermore, the doctor who conducted autopsy on the body of deceased Hafeez Ullah has not been examined to prove the cause of death. The accused Ghulam Jeelani and Abid Hussain have been charged for the commission of offence under Section 212 RPC but there is not even a word in whole evidence collected by the prosecution against both these accused”, the court said, adding “the investigating officer in his testimony has stated that the accused are proved to have committed offences punishable under Section 302/307 RPC, 7/27 Arms Act and 4/5 Explosive Substance Act, without making any mention of offence under Section 212 RPC or the accused Ghulam Jeelani and Abid Hussain”.
“Prosecution cannot be said to have established the accusations against the accused. In the result, the prosecution has failed to prove the case against the accused beyond doubt as such the challan fails”, the court said.
Accordingly, the court acquitted the accused.
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