Excelsior Correspondent
JAMMU, June 9: A Srinagar court has acquitted seven Barzulla residents in a 2016 stone-pelting and attempt-to-murder case registered after alleged violence during a Hurriyat strike call, holding that the prosecution failed to prove their guilt beyond reasonable doubt.
The judgment was passed by the Court of 4th Additional Sessions Judge, Srinagar, Preet Simran Kour, in State (now UT) Versus Shameem Ahmad Sofi & Others. The case arose out of FIR No. 132/2016 of Police Station Saddar, Srinagar, registered under Sections 147, 148, 149, 307, 336 and 323 RPC.
According to the prosecution, on July 9, 2016, police personnel along with CRPF and Armed Police were deployed at Barzulla for law-and-order duty when a strike call was allegedly given by Hurriyat. It was alleged that announcements were made from a local mosque, people assembled in the shape of a mob and pelted stones on police personnel, resulting in injuries and damage to vehicles.
The accused persons facing trial were Shameem Ahmad Sofi, Zahoor Ahmad Wani, Abid Gul, Munzir Maqbool Ganie, Bilal Ahmad Dar alias Gugroo, Manzoor Ahmad Dar and Danish Abass Zargar, all residents of Barzulla, Srinagar. The prosecution examined four witnesses out of fourteen cited in the challan.
APP Zia ul Rehman appeared for the UT, while Advocate Shabir Ahmad represented the accused persons.
After examining the evidence, the court noted that the prosecution witnesses spoke about a mob of around 100 to 200 persons, but failed to prove the specific role of the accused. The court observed that no identification parade was conducted and no independent civilian witness was examined, despite the alleged presence of a large gathering.
The court further held that mere presence of accused persons at the spot could not establish their participation in the alleged offences in the absence of reliable identification and cogent evidence. It also observed that recovery of ordinary stones from a public place, without any identification mark, was not incriminating.
Holding that the prosecution failed to prove that the accused were members of the unlawful assembly or had participated in stone-pelting, causing injuries or damaging vehicles, the court extended benefit of doubt to them.
Accordingly, all seven accused were acquitted and set at liberty. Their personal bonds and bail bonds were discharged, while the challan was dismissed.
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