Excelsior Correspondent
JAMMU, May 23: Court of Additional Sessions Judge, Doda, Amarjeet Singh Langeh today dismissed the challan in FIR No. 132 of 2008 for offences under sections 485/364/382/325/109/201 of RPC and acquitted the accused.
The allegations against the accused were that on 15th/16th September 2008 masked terrorists barged into the house of complainant along with accused and assaulted his brothers with dandas.
Accused allegedly was Over Ground Worker of banned terrorists organization. It was alleged that after assaulting brothers of complainant, terrorists also entered in another house of another person and allegedly injured his sons also. Thereafter, terrorists allegedly abducted another person from another house at gun point etc etc.
Based on this complaint, an FIR under relevant provisions of law was registered and investigation started. During the investigation terrorists were allegedly eliminated/killed in different encounters and instant challan against accused was presented in the court of law on 18.04.2011.
While dismissing the challan, court observed “Once the occurrences are more than one and are wholly distinct in characteristic, then to register a single F.I.R for all these occurrences is a course not in consonance with law. No explanation has been putforth by prosecution as to why three seemingly distinct incidents did not end-up in registration of three different FIRs, for,- it failed to examine the two Investigating officers in the case.” adding, “In essence therefore, the flaw highlighted hereinabove is fraught with fatal consequences for prosecution, more particularly, when complainant in the case does not even whisper about any one of his family members having been abducted either by terrorists or by accused.”
Apart from highlighting glaring discrepancies in prosecution evidence, court also noted that person who was allegedly abducted, categorically deposed in the court that accused did not participate in the occurrence at his house and he as such has been un-necessarily implicated in the case. Prosecution also failed to prove seizure memo with respect to sticks with which the injured were allegedly assaulted in the occurrence.
With these observations, court dismissed the challan and acquitted accused for lack of evidence to prove the charges against accused.
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