Excelsior Correspondent
KARGIL, Aug 29: Principal Sessions Judge Kargil, Tahir Khurshid Raina today acquitted the accused charged under Explosive Substances Act as prosecution failed to prove its case.
According to the prosecution case, during the Kargil war an information was received by police that in border village Hardas of district Kargil some people were carrying explosive substances in their houses.
Accordingly, police and Army swung into action and started investigation. Constable Daniyal Mir along with some Army personnel went into village Hardas for search of houses of these accused. Though the people of the village had fled on account of war but some explosive substance was recovered from their houses.
After getting sanction from District Magistrate Kargil, challan was filed and trial commenced in the Sessions Court Kargil. Prosecution cited 5 witnesses out of which only two got examined. Even defense also produced two witnesses.
Public Prosecutor Manzoor Ali Khan argued that police witness has categorically stated facts in his examination before court which constitute the offence committed by accused and FSL report also confirmed so.
However, the defence counsel Khadim Hussain argued that witnesses to recovery and seizure have not been produced in the court. Even IO who conducted the investigation and FSL expert too have not been produced in the court which renders the story of prosecution false.
After hearing the counsel for the parties, Principal Sessions Judge Kargil observed, “in the Section 4 and 5 of the Explosive Substances Act under which the accused have been charged with, it is categorically stated that accused should be knowingly in possession of the explosive substance. However, evidence is that no household was present, people of the entire village had fled and therefore element of actual and conscious possession and control of substance by the accused is completely missing”.
“Moreover, the failure of the prosecution to produce IO and forensic expert in the court for examination also put a dent in the case of prosecution against accused”, the court said.
Stating that prosecution has failed to establish guilt of accused beyond reasonable doubt, the court acquitted the accused of the charges.
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