Srinagar: A trial court at Srinagar on Thursday acquitted three persons from the charges of attempt to murder. The charges included assault against women and wrongful restraint.
The court found that there are glaring discrepancies and serious variations in the prosecution case.
Ist Additional sessions Judge, Khursheed-ul-Islam recorded that there are major contradictions in the statements of prosecution witnesses. “These contradictions cannot be ignored.”
He said it is the duty of the court to ascertain whether the accused has committed any offence or not.
He said the prosecution need to prove the guilt of the accused beyond a reasonable shadow of doubt.
Justice Islam, while hearing prosecution and defense counsels, noted that the overall position of the prosecution evidence is weak. It does not inspire confidence in the mind of the court. Rather, it creates doubt in the mind of the court. “That benefit of doubt will certainly tilt in favour of the accused,” he said.
“The evidence against the accused does not answer the necessary ingredients of the offence. Hence the prosecution has not been capable to prove its case,” court said.
The court acquitted Javaid Ahmad Dar, Nazir Ahmad Dar, Abdul Rehman Dar and some residents of Dara Harwan. They were acquitted of the charge framed under section 341. They were also acquitted under sections 354 and 307 RPC. This was in the case FIR No 02/2011 of Police Station Harwan.
“Their bail and personal bonds shall stand released forth with. The file after due compilation be consigned to records. Let it be struck off from register concerned,” Justice Islam said and directed.
Earlier in 2011, a written report in Police Station Harwan was filed over a dispute. The brother of the complainant sold Anganwadi ration to shopkeeper Abdul Rehman Dar for cigarettes.
This led to the dispute and a quarrel between them. The complainant alleged that the accused caught hold of his wife. He dragged her and tore out her clothes. The brother of the complainant Gh. Mohammad Ganaie was also given a blow by an iron rod on his head and his son also got injured.
