Prosecution failure leads to acquittal of accused in grenade attack case

By
Daily Excelsior
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Excelsior Correspondent
SRINAGAR, Dec 3: 3rd Additional Sessions Judge Srinagar Tasleem Arief has acquitted Mushtaq Ahmed Sheikh, son of Mohd Sultan of Srinagar, who was facing trial in a grenade attack case, due to the failure of the prosecution to prove its case.
The accused had hurled hand grenade upon the CRPF personnel posted in the Qammarwari Chowk with intent to kill them in the year 2006. In the explosion several CRPF personnel and pedestrians sustained injuries. Accordingly, a case for the commission of offences punishable under Section 307 of the Penal Code and Sections 3/5 of the Explosive Act was registered.
After hearing both the sides, the court observed, “prosecution has failed on all counts…it did not produce any evidence or any material which would show or suggest that the accused has committed any culpable or criminal act”.
“This court did not find the prosecution of having produced any incriminating circumstance against the accused even for examining him under Section 313 of the Code (analogous to Section 342 of the old Code). This Court finds that the instant case can safely be disposed of under Section 273 of the Code”, the Judge said.
Accordingly, court dismissed the prosecution case and acquitted the accused.

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