Excelsior Correspondent
JAMMU, Jan 20: In the much publicized Aap Shambu temple desecration case, a local court today discharged the accused namely Yasir Alfaz, son of Kher Din of Doda at the stage of framing charges, as accused is mentally challenged.
After hearing both the sides, the court observed, “taking into account the conduct of the accused at the time of commission of offences and thereafter, his previous record of being a psychiatric patient and suffering from manic episode even being in remission on medication at the time of examination by the board of doctors, it appears that accused had been suffering from unsound mind”.
“An act does not constitute guilt unless done with a guilty intention as embodied in Section 84 of RPC”, the court said, adding “in order to constitute an offence the intent and act must concur”.
After long discussion, court held that the accused cannot be charge-sheeted for the commission of offences punishable under Section 295 RPC, 295-A RPC, 353 RPC and 506 RPC.
“The accused is thus, discharged from the commission of these offences”, the court said.
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