Prosecution failure leads to acquittal of militant

Excelsior Correspondent
JAMMU, June 17: 1st Additional Sessions Judge Jammu M A Chowdhary today acquitted Mohd Abdullah, son of Hassan Bakhsh of Multan Pakistan, who was allegedly involved in Rajiv Nagar terrorist attack case of August 2002.
After hearing both the sides, the court observed, “there are contradictions with regard to arrest of the accused.  Some policemen claimed to have seen accused coming out of the forest with a bag on his back and he was nabbed whereas others have stated that he had been nabbed at the house of prosecution witness Kaku Din, who had himself refuted the same”.
“Even another prosecution witness, Head Constable Krishan Dev stated that accused had been apprehended by witness Kaku Din in the intervening night of 1st and 2nd of August and shifted to ‘ safe house’ at Channi Himmat by Gujjars where he had seen  him on 02.08.2002 before the time of occurrence”, court further observed, adding “therefore, accused, who was stated to be in police custody at ‘Safe House’, before the occurrence could not have been involved in the commission of offences later in date and time”.
“Prosecution has, thus, not been able to prove its case to connect the accused with the commission of any of the offence of charge or otherwise, on the basis of the prosecution evidence”, the court further said.
With these observations, court held that prosecution has miserably failed to bring home the charge against the accused for the commission of offences punishable under Sections 302/120-B/34 RPC and 7/25 Arms Act. “As such, case in hand fails and is dismissed”, the court said while acquitting the accused of all the charges.
He was directed to be released forthwith from judicial custody, provided that he was not required in any other case. “State is also directed to take steps for his deportation to his native country”, court said.

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