Excelsior Correspondent
JAMMU, Oct 10: 2nd Additional Sessions Judge Jammu, M K Sharma today acquitted one Special Police Officer, who was attached with the Additional SP, of the charges of 304 (culpable homicide not amounting to murder), as investigating agency failed to prove the case.
While acquitting the accused, 2nd Additional Sessions Judge took serious note of the investigation and observed, “I would like to make it known that I have come across various cases of similar nature and I find that the investigations carried out are below par. I am appalled by the investigation or shall I say the lack of it, that was carried out in this particular case”.
“A young boy of 17 years who had to see many springs of his life died in this occurrence. Parents of the deceased were snatched of their beloved. I am of firm belief that this case has failed because of improper investigation and prosecution”, the Judge said, adding “there are many questions which need answer as to why the finger prints were not lifted from the weapon immediately after the occurrence, why no evidence was collected as to how the accused came into possession of SLR, why the weapon of offence and empty cartridge case of the bullet were not shown to the doctor, why material witnesses like FSL experts and IO have not been examined”.
“If the things are not checked even at this stage, the people will lose faith in criminal justice delivery system. The result and consequence of such faulty investigations and prosecutions is that even those persons who might have been guilty for having committed offences are being acquitted on the basis of benefit of doubt or lack of evidence”, the court said, adding “this is not a very happy situation. Proper investigation of such like incidents would go a long way in aiding the criminal justice system in convicting those who are guilty and acquitting those who are innocent”.
“A shoddy investigation will only point in one direction and that is in the acquittal of all whether they are guilty or whether they are innocent. Because, no criminal court would (and ought not to) convict any person merely on the basis of conjectures, assumptions, probabilities. All elements of subjectivity need to be eliminated and the investigation should be such that, when a charge sheet is filed, the court is presented with a case which when taken objectively would lead to the inescapable conclusion that a conviction is maintainable”, the Judge said.
The court directed that copy of this judgment shall be sent to DGP for information and appropriate action at his end.
According to police case, the accused, who joined the J&K Police as SPO on October 24, 2005, was on naka duty along with other police officials including Additional SP Jammu on October 28, 2005 when a motorcycle bearing No.JK02/4638, driven by Rakesh Kumar with deceased Nishu as pillion rider came from Purkhoo.
The motorcyclist was signaled to stop at the police naka but instead of obeying the signal, the motorcyclist drove pass the naka. Upon this, the accused fired on wheel of the motorcycle. Unfortunately, bullet instead of hitting the wheel hit the pillion rider from the back as a result of which pillion rider died on spot and the motorcyclist sustained injuries.
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