Excelsior Correspondent
SRINAGAR, Sept 15: The High Court today expressed anguish over the sloppy investigations by police which led to the acquittal of murder accused by trial court.
The Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey expressed its anguish over the sloppy investigation carried by the police saying: “We do not see any reason whatsoever to disagree with the view of the trial court and the conclusions arrived at by the trial court”.
“The approach in the case of a criminal acquittal appeal has to be different from that of an appeal against conviction. Normally, unless and until some glaring defect or perversity is pointed out in an order of acquittal, the appellate court would not interfere with the order of acquittal”, DB recorded while hearing the acquittal appeal filed by the State Government against the acquittal of judgment by trial court.
Court said, that in the present case no such glaring defect or perversity has been pointed out. “That being the case and also because we have examined the evidence threadbare, we find that the prosecution has not at all been able to make out its case against the accused” adding “We also like to record our anguish at the callous and shoddy manner in which the investigation has been conducted by the police.
The result being that the perpetrator or perpetrators of the double murder have gone unpunished and are roaming free”.
The careless probe by police into the murder case in which 5 accused got benefit of doubt and were released by the trial court. “As there is no eye witness to the occurrence, the prosecution case is based on circumstantial evidence”, read the trial court judgment.
“Therefore, prosecution has failed to prove that the accused Bashir Ahmad Khan and Mir Qasim while causing the death of Shahzaman and Fatima had received blood stains on their clothes which were thereafter recovered at their disclosure. For these reasons the prosecution has failed to prove the charge against the accused no.4 and 5 whereas admittedly there is no evidence whether direct or circumstantial against the accused nos. 1, 2 and 3. Hence all the accused are acquitted. Accused No.4 and 5 are discharged of their personal bonds. Accused No.4 and 5 shall be released from custody forthwith”, trial court directed when prosecution failed to proved these accused as guilty.
Division Bench further added “it is alleged that disclosure statements were made by accused Bashir Ahmad Khan and Mir Qasim, but as noted by the trial Court, the same have not been proved. “In fact, if one goes through the evidence of prosecution witnesses 1 to 12, it will be clear that the prosecution case has completely failed”.
DB also recorded its pain in understanding as to how the State could have preferred an acquittal appeal against these three accused when the Public Prosecutor had also fairly and frankly conceded the case against them.”The State has not been able to point out anything which would indicate that the concession was not borne by the record”, DB added.
Court insofar as two accused, Bashir Ahmad Khan and Mir Qasim were concerned, said they (DB) entirely agree with the trial Court that there is no evidence whatsoever to connect them with the crimes.
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