Srinagar: A trial Court acquitted a Srinagar resident from stone pelting and arson charges. The court found ‘no direct evidence of the accused’ in the rioting.
The Court of Justice Khursheed-ul-Islam acquitted Danish Yousuf Bhat who was accused by police of stone pelting and arson charges. Earlier, Farmaan Fayaz was also acquitted by court in the same case.
Justice Islam noted that no incriminating evidence has come on record against the accused person facing the trial.
So, recording the statement of the accused person under section 342 criminal procedure code is not warranted.
“The case appears to be as one of “No Evidence “in the light of Section 273 Criminal code,”Court said.
Section 273 says that after taking the evidence for the prosecution, examining the accused, and hearing the prosecution and the defense on the point, the judge considers that there is no evidence. The Judge shall record an order of acquittal.
“prosecution has failed to bring on record any evidence which would show that accused person has committed the offences charged against him , as such there is no need to proceed further in the matter,” court said.
“Surety and personal bonds shall stand discharged. The seized material as per the seizure memo is ordered to be destroyed after the period of appeal is over.
The Challan is accordingly disposed off which shall be consigned to records after its due completion.let the file be struck off from register concerned,” court said and directed.
Previously, police had registered an FIR in 2016 claiming that the persons, Danish and Farmaan were involved in stone pelting and rioting in Tankipora area of Srinagar on July 10, 2016.
