Court said the evidence which came against the accused persons does not answer the necessary ingredients of the offences with which they have been charge sheeted
Srinagar: A trial Court at Srinagar on Monday acquitted 12 persons from stone pelting and other charges after Court recorded that the prosecution evidence is weak and fragile. The case was registered in 2013.
1st Additional Sessions Judge, Khursheed-Ul-Islam while pronouncing the judgement recorded that the overall position of the prosecution case is weak, fragile and do not inspire the confidence in the mind of court.
“It creates serious doubts in the mind of the court and that benefit of doubt will certainly tilts in favour of the accused persons,” Justice Islam said.
The court said the accused persons have succeeded in searching the silver line so as to escape from the clouds of conviction hovering on their head.
It was recorded that the evidence which came against the accused persons does not answer the necessary ingredients of the offences with which they have been charge sheeted.
“Hence, the prosecution has not been able to prove its case to the hilt against the accused persons,” court said.
Justice Islam after recording the evidence and hearing rival contentions said that the prosecution evidence has neither quality nor credibility and also qualitatively and quantitatively insufficient to prove the guilt of accused persons beyond any pale of doubt.
“The evidence on record in this case is not sufficient to bring home the guilt of accused persons, so the prosecution challan deserves dismissal,” he said and directed.
Justice Islam said, “as such by extending the benefit of doubt, I acquit accused persons namely Momin Khan, Irfan Nazir Dar, Mudasir Ahmad Dar, Bashir Ahmad Tantary, Mudasir Ahmad Tantary, Riyaz Ahmad Tantary, Aadil Ahmad Tantray, Abdul Rashid Tantary,Mohammad Aslam Naik, Riyaz Ahmad Bhat, Tabish Mushtaq Gujri, and Mudasir Mahraj Khan for the commission of offences punishable under sections 147,148,149,336,152,427 RPC in the instant case FIR No 133/2013 P/S Sadar.”
“Their bail and personal bonds shall stand released forth with. The seized property if any is ordered to be destroyed after the period of appeal is over. The file after due compilation be consigned to records.” Court directed.
Earlier an FIR was registered on 21 July, 2013 by Police Station Saddar through reliable sources that at Rawalpora, Srinagar an unruly mob with the common criminal intention have pelted stones over the police vehicles and personals boarded in the vehicle due to which vehicles of the police department has been damaged.
Accordingly an FIR. No. 133 of 2013 for the commission of the offences under sections 147, 148, 149, 336,152,427 RPC came to be registered in the Police Station Saddar and the investigation of the case was started.
During the course of investigation, some persons were arrested for the commission of the offences and were charged with stone pelting, arson, damage and other charges. However, the accused pleaded not guilty and were tried for the commission of the offences.
The prosecution examined seven witnesses in the matter but court found glaring discrepancies in the statements of the witnesses and doubts with respect to involvement of the accused persons.