Excelsior Correspondent
JAMMU, June 16: In the Kishtwar riots of 2013, Principal Sessions Judge Kishtwar Y P Kotwal has acquitted Shabir Ahmed in absence of any legal evidence on record for connecting the accused with the offence with which he has been charged.
After hearing both the sides, the court observed, “on cross-examination by defense counsel, the witness (the then SHO Kishtwar) has stated that the challan which he had presented initially in the court was against 15 accused persons belonging to both communities. In that challan, list of witnesses was against all the accused persons”.
“Before filing the challan in the court, he had not recorded his satisfaction regarding investigation of the case, as the same was completed in odd circumstances and in the same circumstances he had presented the challan in the court”, Principal Sessions Judge said, adding “he can’t say as to whether the accused persons belonging to both the communities were involved in the same occurrence or not. He can’t say as to whether the SIT had conducted any identification parade during investigation of the case or not”.
“He, in compliance to the court order and after bifurcation of the challan, had presented challan against five accused persons on 19.02.2015 and as per the challan, offences under Sections 302, 307, 149, 201 RPC were established only against accused Arif Hussain, son of Abdul Rashid, whereas offences under Sections 307, 148, 149, 201 RPC were established against other four accused persons”, the court said, adding “the challan which is annexed with the file, bears his signature, there is Photostat copy of the challan on the file, he does not know as to where is the original copy of challan. He had presented the original challan in the court on 19.02.2015, where in the said challan he has no knowledge. He does not remember as to when the challan against other ten accused persons was presented in the court”.
As per the court order regarding bifurcation of the challan, he had not mentioned the same in the case diaries, as he was directed only to bifurcate the challan. He does not remember as to how many Government employees were involved in the challan, which he had presented against ten accused persons after bifurcation of the challan, IO of the case may be knowing the same.
“Before filing the challan in the court, he had not searched for any accused, however, the same was done by SIT by deputing constables for the search of the accused persons. He had not conducted any proceedings under Sections 87 and 88 Cr.P.C against the absconding accused and if any accused is a Government employee, proceedings under Section 512 Cr.P.C can be initiated against him and there is no need to enquire from his DDO first then proceed under Section 512 Cr.P.C”, the Judge said.
“In absence of any legal evidence on record for connecting the accused with the offence with which he has been charged, he (accused) is required to be acquitted without asking him to enter upon his defence”, the court said while dismissing the challan and acquitting the accused Shabir Ahmed from the charge under Sections 302/307/148/149/201 RPC.
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