Excelsior Correspondent
Jammu, June 1: Principal Sessions Judge Kishtwar Ms Bala Joyti today acquitted Tariq Hussain S/O Gh. Mohd Bohru R/O Puthana Keshwan Tehsil & District Kishtwar alleged militant for faulty investigation and for want of evidence.
According to the police case that on 08.10.2010, on the basis of a docket issued by SI Veer Bhadur Singh Rathore SOG Incharge through constable Amit Kumar No.262/ADB SGCt, that when he was on patrolling duty at Nagni Keshwan alongwith party (11 RR) he received information that a militant is very active in Nagni area as such he cordoned off the area.The militant threw a grenade on the search party to kill them. Fortunately it did not explode and entire troupe escaped miraculously. The search party however arrested the militant Tariq Hussain and took him in custody. From his possession three China grenade and one pouch were recovered. On verification, the said militant disclosed his name as Tariq Bohru S/O Mohammdu Bohru R/O Puthana Keshwan. On this report FIR was registered at police station Kishtwar for commission of offence u/s 4/5 E.S. Act and investigation and after completion of investigation challan was presented.
Principal Sessions Judge Kishtwar Bala Joyti after hearing both the sides and going through the witnesses statement, observed that Veer Bhahadur SI has stated that after they returned from the place of occurence, he did not go there again and he had given description of the site of occurence at the police station but I O has stated that SI had narrated each and every fact on spot. This is a case of serious nature and its investigation was entrusted to an officer of the rank of Head Constable which is but depreciable. A case of this nature has to be investigated by a senior officer. Moreover the position of HC Mohd Shafi and that of SI Veer Bhadder Singh is equal in the case. Both of them are in the position of a “witness”, then why investigation was surrendered to a Head Constable,who is protrayed as a witness to the occurence. Some relevant excerpts from statement of Head Constable may be referred to here,(Examination-in-chief) “He went for operation and SHO and Dy S P directed him on telephone to proceed further under rules in the case. He went to site of occurence along with ‘nafri’. CRPF and 11 RR personnel were present at the site of occurence. Accused was arrested and brought to police station Kishtwar and remand was obtained. (on Cross examination)-” stated that he had not gone along with Veer Bhadur Singh Rathore S. I. for the search operation. He separately went for patrolling on the day of occurence. Three police men were accompanying him. He doesn’t remember the names of other two police personnel. Grenades and pouch were shown by the complainant but were destroyed at the same time by the army experts.” These portions extracted from statement of pw Mohd. Shaqfi H/C I.O fully establish that there is no grain of truth in the entire case filed against the accused. Each and every circumstance relied upon by the prosecution against the accused is full of suspicion, which they have failed to come through. The accused is accordingly acquitted.
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