Excelsior Correspondent
JAMMU, Dec 11: Principal Sessions Judge Poonch, Kishore Kumar acquitted an alleged commander of LeT outfit in murder case as the prosecution failed to prove its case.
According to the police case, on June 7, 2004 LeT commander namely Taj, son of Mohd Yousaf of Marrah, Surankote along with five-six other militants of the outfit barged into a house at Khaitan Draba and started indiscriminate firing on three SPOs including Mushtaq Ahmed, son of Nazir Hussain of Khaitan Draba. In the firing, Mushtaq Ahmed died while as other two SPOs managed to escape from the house.
During the course of investigation, police succeeded in apprehending LeT commander Taj and after completion of investigation challan was presented in the court of law.
After hearing Public Prosecutor Nazir Hussain appearing for the State whereas Advocates Taj Hussain Shah and Mohd Maroof Manhas appearing for the accused person, Principal Sessions Judge observed, “the careful examination of the prosecution evidence and submissions made by the Public Prosecutor and defence counsel reveal that there are so many material contradictions and serious infirmities in the statements of prosecution witnesses”.
“The net result is that prosecution is under an obligation of proving the guilt of accused beyond reasonable doubt by cogent and clear evidence. In the present case, prosecution has been unable to prove the guilt of accused beyond reasonable doubts”, the Court further observed.
With these observations, the accused Mohd Taj was acquitted of the charges framed against him.
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