Excelsior Correspondent
JAMMU, May 20: Principal Sessions Judge Jammu Kartar Singh has acquitted one Mohd Iqbal Shanili, son of Bashir Ahmed, alleged militant of HM outfit as prosecution failed to established offences under Foreign Act, Passport Act and EAO.
According to the prosecution case, on March 6, 2011, an information was received by the police that Mohd Iqbal, who had crossed over the Line of Control to receive arms training, has entered the State along with his wife, a resident of Muzaffarabad and three children and reached Doda to spread militant activities.
Accordingly, police arrested both the accused from Doda town and Mohd Iqbal was set to JIC where he admitted that he stayed at Pakistan for 20 years and acquired training in terrorist activities. After investigation, the final report was submitted in the court.
After hearing both sides, Principal Sessions Judge observed, “the prosecution was given number of opportunities to examine its witnesses but it has produced only one witness. After giving last opportunity, the prosecution evidence was closed on November 8, 2012 and thereafter the statements of the accused were recorded under the provision of Section 342 CrPC”.
“The prosecution again moved an application on November 10, 2012 under the provision of Section 540 CrPC which was allowed and the prosecution was given only one opportunity to produce all the witnesses as per the calendar which was fixed for three days but that opportunity was also not availed of by the prosecution”, the Court said, adding “despite getting 11 more opportunities Public Prosecutor could not produce any witness in the court although all the witnesses are members of executing agency”.
“This shows carelessness on the part of the prosecution to take interest in producing its witnesses against the accused even in such heinous cases. Except one witness, the prosecution has failed to produce all other witnesses despite seeking number of opportunities, as such, there is no evidence to connect the accused with the commission of alleged offences”, the Court said, adding “there is nothing on record to suggest that as to when the accused left for Pakistan because no FIR regarding this fact has been registered against him and no FIR was again registered against him when he came from Pakistan”.
“There is not even an iota of evidence against the accused because no objectionable material connecting him with any militant activities has been recovered from him. The prosecution has not proved even a single ingredients of the offences with which the accused have been charged with”, the Court observed and acquitted the accused of the charges leveled against him.
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