Excelsior Correspondent
JAMMU, Apr 10: Additional Sessions Judge Sopore Sunil Sangra has awarded five years imprisonment to Pakistan national Hafiz Naveed Baloch, son of Abdul Jabar of Multan under 13/14 Foreign Act.
As per the challan, on 17.04.2013 Police Station Dangiwacha acting on specific inputs regarding presence of a Pakistani terrorist Fahadullah in village Behrampora, laid a naka on Thagagund Bahrampora road.
After some time two suspects riding on a bicycle appeared from Thagund side and were signaled to stop. On being challenged one accused tried to lob a grenade on the naka party but both suspects were arrested, who were later on identified as Fahadullah, a Pakistani national and Shakir Showket Bhat. Their frisking led to recoveries of some arms and ammunition.
After hearing both the sides, court observed, “in view of the infirmities pointed out in the evidence of the prosecution witness and more particularly the inconsistencies of evidence, it can be safely reached the prosecution evidence is wholly unreliable and the prosecution witness has not told the truth”.
“The prosecution failed to establish the charged offences against the accused persons. Needless to say that mere suspicion or even preponderance of probability of commission of offence is not a substitute for evidence beyond reasonable doubt”, the court said, adding “there is inconsistent version, the benefit goes to the accused persons”.
“Accordingly, accused persons are given the benefit of doubt and deserves for acquittal. The evidence led by the prosecution is neither cogent nor emphatic to sustain charges leveled against accused persons. Therefore, in view of fringe of evidence on record this court has no other option other than to acquit the accused persons due to insufficient evidence”, the court said.
However, Hafiz Naveed Baloch, who is Pakistan nationalist and has entered in to sovereign Indian country by illegal means as such offences under Section 13/14 F Act was established and proved against him by the prosecution.
Accordingly, court awarded him five years imprisonment.
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