Excelsior Correspondent
SRINAGAR, Aug 21: Judicial Magistrate Ist Class (Sub-Judge) Uri, Rajesh Kumar Abrol has acquitted an accused allegedly involved in assault on SPO as the prosecution failed to connect the accused with the commission of offence.
According to the police case, the complainant—Abdul Razak, son of Mohd Hussain of Bandi Sarai, working as SPO in the Police Department, was searching the dead bodies at river Jehlum near HCC dam in 2008 when accused namely Mahir Ali Shah, son of Manziir Ali of Salamabad Uri came without any reason, beat the complainant and tore off his uniform.
On the written report, a case FIR No.46/2008 under Section 332 RPC was registered and after completion of investigation challan was presented in the court.
After hearing the PO for the State and counsel for the accused, Judicial Magistrate Ist Class (Sub-Judge) Uri, Rajesh Kumar Abrol observed, “close analysis of the prosecution reveals that the complainant has denied the involvement of accused in the quarrel. He has further admitted in his statement that accused neither tore off his uniform not beat or abused him. However, quarrel took place between the son of the accused and the complainant”.
“The complainant Abdul Razak has totally absolved the accused from any criminal liability in this case as such the benefit of doubt is likely to be shifted towards accused”, the court said, adding “IO in this case has neither been produced nor examined which creates a void in the prosecution case. When the complainant absolved the accused from any criminal liability in his cross-examination then nothing remains in this case”.
“The report seems to have been lodged out of vengeance by the police against the accused, who is also employee in the Police Department”, the court said, adding “prosecution has failed to connect the accused with the commission of offence as such the accused being found innocent is acquitted of the charge and is set at liberty”.
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