Excelsior Correspondent
JAMMU, Jan 4: Principal Sessions Judge Kathua, A K Koul has acquitted Mohd Aslam, Sadiq Hussain, both sons of Mushtaq Ahmed and Mushtaq Ahmed, son of Mohd Jamil, all the residents of Billawar, who were facing trial in murder and rape case as prosecution miserably failed to prove the offence.
While acquitting the accused persons, Principal Sessions Judge observed, “the prosecution has failed to establish the circumstances which could connect the accused with the crime. It is true that conviction can be based solely on circumstantial evidence but we have to bear in mind that while deciding a case of serious nature based on circumstantial evidence, the facts should be consistent only with the hypothesis of the guilt of accused and they should not be explainable on any other hypothesis except that the accused is guilty”.
“Every circumstance must be of conclusive nature and the chain of evidence must be so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused”, the Court said, adding “majority of the witnesses have not supported the prosecution version. There are only four witnesses, who were supposed to state about the circumstances, which as per prosecution, could lead to the inference of guilt against the accused but nothing material has surfaced on a scrutiny of their versions”.
“None of the two circumstances pressed in aid by the prosecution has been established beyond reasonable doubt. So the case fails because the link between accused and the guilt is altogether missing”, the Court said, adding “why did we fail to identify the culprit. Are we so helpless that we cannot trap the person(s) who has/have committed the crime of brutally killing the deceased. What protection and safety would the people expect from the law enforcing agencies. Why does the police invariably fail to act effectively so that the culprit is brought to justice and if such remains the state of affairs, the crime chart, which has already touched the heights, would go higher leaving the society in peril”.
“Police needs to increase its efficiency so that the criminals do not find an exit route after they commit a crime. After all life is valuable and it needs to be protected with seriousness, sincerity and might”, the court said.
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