*Sentence to be passed on Nov 17
Excelsior Correspondent
JAMMU, Nov 13: NIA/UAPA Court for Kulgam & Shopian today convicted one Tawseef Ahmed Thokar son of Mohd Yousaf Thokar, a resident of Khawajapora Reban, Zainapora for offences under Section 16, 18 & 20 UAPA, 307 IPC AND 7/27 Arms Act i.e. commission of terrorist acts in case FIR no. 25 of 2021 Police Station Imam Sahab.
An FIR was registered in relation to an encounter between security forces and terrorists on 5th May 2021 wherein three terrorists namely Danish Ahmed Mir, Zahid Bashir and Umar Hassan Bhat were killed whereas accused Tawseef Ahmed Thokar was caught alive from encounter site along with arms and ammunition.
In an elaborate judgement, Parvaiz Iqbal, Special Judge held that with the growing incidents of terrorism, it is incumbent upon the court to adopt an approach wherein the trials are not seen merely as a regular justice endeavour but in view of the exceptional gravity of the acts of terrorism which pose a unique threat to national security, rule of law and very fabric of civil society, more stringent and visibly tough approach needs to be taken to curb the menace of terrorism.
“Having said that, it is equally important that the court must uphold constitutional rights of the accused by holding fair trials and ensure adherence to the due process to prevent human right violations as well as misuse of stringent laws”, he said The court recorded appreciation for the Investigating officer and the Prosecution in collecting the appropriate evidence and presenting it before the court in apt manner
“In the present case, I am satisfied that the investigation has been conducted in sincere manner. The investigating officer has discharged his duty professionally by collecting the available evidence about the guilt of the accused and the role of Prosecution is highly appreciable who systematically produced such evidence before the court that paved way for the court to believe in truthfulness of the prosecution story”, the Judge said.
Lastly the court held that amid these rival challenges when the court has thoroughly considered the fact and circumstances of the case, it emerges that prosecution has successfully discharged the burden of proof by convincingly establishing the ingredients of the offences with which accused has been charged, by leading cogent and impeccable evidence.
The case has been adjourned for sentencing on November 17.
Follow our WhatsApp channel
