Excelsior Correspondent
JAMMU, Jan 4: Principal Sessions Judge Jammu, Kartar Singh has discharged Rakesh Kumar, Ramnik Singh, Pinka Kumar and Joginder Singh, all alleged agents of ISI, at the stage of framing charge.
According to the police case, on May 16/17, 2013 BSF jawans noticed some movement on the border from Pakistan side. On noticing unidentified intruders, they were challenged but they ran back after throwing a small packet wrapped with black tape. From the packet, BSF jawans recovered two mobile phones with two SIM cards in each.
Later, the mobile phones along with SIM cards were handed over to police, which registered a case and started investigation. During the course of investigation, Rakesh Kumar, Ramnik Singh and Pinka Kumar were arrested and interrogated and they disclosed that they had met thrice a person namely Jagga, who had connection with ISI and on his instructions they hatched a conspiracy to spread terrorist activities in the State. After investigation final report was submitted in the court.
After hearing both the sides, Principal Sessions Judge observed, “in order to frame charge against the accused the court has to satisfy itself that there is prima facie evidence against them in order to connect them with the commission of alleged offence. In case there is prima facie evidence, the accused are required to be charged otherwise they are to be discharged”.
“In order to come to the conclusion as to whether there is prima facie evidence, roving enquiry is not to be conducted by the court and only the evidence gathered during investigation has to be taken into consideration”, the Court said, adding “the only incriminating evidence against the accused is the interrogation report which has been placed on record by the investigating officer. The interrogation reports of the accused reveal that they are Pak agents and were working for ISI and used to indulge in smuggling activities”.
“Interrogation report is not admissible in evidence as it is hit by Section 25 of the Evidence Act. Except this there is no other evidence against the accused. The interrogation report relied upon by the prosecution is of no use”, the Court said while discharging the accused of the alleged offence.
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