Excelsior Correspondent
JAMMU, Mar 31: Principal Sessions Judge Jammu, Katar Singh acquitted Bashir Ahmed and his son Ashfaq Ali, alleged supporter of a Pakistan militant Abu Umar, who was killed in an encounter, as the prosecution failed to connect the accused with the case.
According to the police case, on July 18, 2007 when the security forces were carrying out search operation in Havelli Mohalla of Bhaderwah the accused were found roaming in the compound of their house under suspicious circumstances. On inquiry by the security forces, they disclosed that only women were present inside their house.
However, before the security forces could launch search operation militants opened fire from inside the house and in the gun battle one security force jawan sustained injuries. The militant jumped out of the house and ran towards a nallah where he forced his entry into a house and hurled grenade as a result of which a woman sustained fatal injuries. The militant was also got killed by the security forces.
Accordingly, a case for the commission of offences under Sections 302/307 RPC and 7/27 Arms Act was registered and investigation ensued. During investigation, the slain militant was identified as Abu Umar code A-2, resident of Pakistan and from his possession one AK 47 rifle, one magazine of AK 47, five live cartridges of AK 47, wireless set, identity card and four Chinese grenades were recovered.
After hearing Public Prosecutor Shabir Choudhary appearing for the State whereas Advocates Rohit Sharma and Rajneesh Oswal for the accused persons, Principal Sessions Judge observed, “the prosecution witnesses have identified the militant only after he was dead and nothing has been brought on record that he had committed a number of crimes and the accused used to give him shelter knowing fully that he was an offender”.
“The Investigating Officer has not bothered to collect the material evidence against the accused and has booked them under Section 212 RPC merely on hearsay evidence that the prosecution witnesses later on came to know that the accused were in collision with the militant who had taken shelter in their house”, the Court said, adding “Section 212 of RPC applies to the harbouring of the person who has committed a crime. There is no evidence as to whether slain militant had committed any offence prior to the occurrence and in this way, he was harboured by the accused. The evidence on record is not sufficient to connect the accused with the commission of alleged offence”.
“The material contradictions and other discrepancies have been found in the statements of prosecution witnesses and they were required to be explained by the Investigating Officer but he has not been examined in this case. His non-examination has seriously caused prejudice and the accused have been deprived of their valuable right of cross-examination regarding the registration of case against them”, the Court said and held that the prosecution has miserably failed to prove its case against the accused. Accordingly, the accused were acquitted of the charges framed against them.
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