Excelsior Correspondent
JAMMU, June 21: Principal Sessions Judge Bhaderwah M K Sharma today acquitted ‘encounter specialist’ Sub-Inspector Shiv Krishan Sharma alias Sonu, who was arrested by the police on the allegation of running militant group, as several important witnesses turned hostile.
While acquitting Shiv Krishan Sharma and seven others, Principal Sessions Judge observed, “before drawing the curtains in the case, court cannot help observing that this is a case in which the police cited as many as 93 witnesses to establish various charges against the accused persons”, adding “out of 93 witnesses, 15 were examined under Section 164-A CrPC. Surprisingly, majority of the witnesses including some police personnel and respectable people of the locality have turned hostile”.
“They have stated that they were tortured, threatened and detained to make statements against the accused during the course of investigation. This is a dangerous trend. It shall not be out of place to mention here that the power of the police to arrest a person or launch prosecution has to be exercised judiciously and not at whims, fancies and arbitrarily as used to be conveyed by the well known saying: “varying according to the Chancellor’s foot”, the Principal Sessions Judge said.
“The police does not in conducting investigation espouse any right of its own but vindicates the cause of society at large, to punish offenders, in order to preserve orderliness in society and avert anarchy. The creation of evidence under threat or coercion will have serious fall outs”, the court said, adding “it shall not be proper at this stage to issue notice of perjury to the witnesses who made contradictory statements during the trial. I leave it to the discretion of District Police chief to first hold a preliminary inquiry and if warranted launch prosecution for perjury”.
Follow our WhatsApp channel