Prosecution failure leads to acquittal of accused in forgery case

Excelsior Correspondent
KARGIL, July 19: Sessions Court Kargil today acquitted six persons of the charges of forgery as prosecution failed to prove the case against them beyond reasonable doubt.
The case pertains to an FIR which was registered 19 years back in the Police Station Kargil. Initially, the FIR was with regard to embezzlement of scholarship, uniform, furniture, TV etc in the schools but during the investigation it was found that school leaving certificates were also forged by the accused, who were having the charge of the record ranging between the period 1990 to 1995. During this period, they allegedly made insertions in the certificates.
After hearing Advocate Talib Hussain for the accused and PP Mazoor, Principal Sessions Judge Kargil observed, “start witnesses—Headmaster and ZEO deposed that during their tenure between 1992 to 1995 no certificate was issued. Even all the witnesses who have been cited by the prosecution didn’t specifically mentioned which documents stand seized by the police and how does alleged insertions made in the documents”.
“The prosecution tried to strengthen his case on the basis of the report of the FSL. However, neither the IO, who sent the document to FSL has been examined in the court with regard to duly submission of the same nor the prosecution produced the expert of FSL who has given the report of the same as to prove the contents of the document”, the court said.
“There is no direct evidence in the case against the accused and the prosecution is connecting the accused on the basis of circumstantial evidence”, the court said, adding “there is breakage at every stage of evidence. Therefore, the accused cannot be linked with the commission of the crime”.
With these observations, court acquitted the accused for the commission of the offences and disposed of the challan of prosecution.