Excelsior Correspondent
SRINAGAR, Dec 10: Judicial Magistrate Ist Class/Sub Judge Chadoora Rajesh Kumar Abrol today dismissed the police challan and acquitted the accused persons in the much publicized incident of stone pelting on the house of former MLA, Ali Mohammad Dar.
The house of former MLA was attacked by a mob belonging to the village Kralpora on September 15, 2010 and the police personnel deployed in the house even fired some rounds in the air to disperse the mob.
Accordingly, a case was registered and after completion of investigation challan was presented in the court of law on December 31, 2010. During the course of trial, the prosecution witnesses were examined.
After examining all the witnesses and hearing arguments of prosecution as well as counsels for the accused persons, the Judicial Magistrate Ist Class/Sub-Judge Chadoora Rajesh Kumar Abrol dismissed the challan and acquitted the accused of the charges framed against them.
“Only two witnesses recorded in this case are the police officials and their evidence has not been supported and corroborated by other witnesses sited in the police challan”, the court said, adding “these witnesses seem to be interested and their testimony is not liable to be trusted upon”.
Observing that the police has done the pick and choose method in incriminating the five persons as accused out of the mob, the court said, “no identification parade was done by any officer of the police for identifying these five accused out of the huge mob”, adding “ex-MLA on whose house the stones were pelted by the mob has not been arrayed as witness in this case which is also serious lacuna in this case”.
Moreover, no independent civil person has been arrayed as a witness in this case by the prosecution for the reasons best known to them, the court further said, adding “police cases pending in this court are generally taken lightly by the prosecution as no prosecuting officer endeavors to appear in this court for representing the police cases. The evidence of two witnesses adduced in this case are no consistent, corroborative, supportive and worth reliable and are required to be rejected”.
With these observations, court dismissed the challan and acquitted the accused of the charges.
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