Court found the lack of concrete evidence, procedural lapses, and inconsistencies in witness testimonies
Srinagar: A designated NIA Court at Srinagar on Thursday acquitted seven persons from charges of Unlawful Activities Act and from sections of Ranbir Penal Code after court found ‘weak and inconsistent evidence’ against the accused.
Additional Sessions Judge, Zahoor Ahmad Gujree while reading out the judgement in the case said that the inconsistencies in witness testimonies and lack of corroborative evidence makes it challenging to establish guilt conclusively.
“Identification of accused individuals is a critical component in criminal cases involving rioting. The absence of direct or corroborated identification weakens the prosecution’s case,” Justice Gujree said.
Court recorded that the case which dates back to the year 2010 where the accused have been arrested on charges of rioting, stone pelting, raising anti-national slogans and obstructing law enforcement agencies but have not been clearly identified the accused involved through prosecution witnesses.
“The statements of witnesses doesn’t corroborate and failed to identify the accused for the charges levelled against them,” court said.
Court also recorded that no Test Identification Parade (TIP) was conducted and no specific statements clarifying the nature of the anti-national slogans were available.
“Failure to conduct a TIP to confirm the identification of the accused undermines the reliability of their alleged involvement,” court said.
Court observed that the lack of supplementary witness statements detailing the alleged anti-national slogans leaves the evidence inconclusive.
“No clear link between the recovered objects (stones and broken glass) and the accused was established,”Court said.
Court noted that Witnesses repeatedly cited the age of the case (14 years) as a reason for their inability to recall details or identify accused individuals.
“This significantly affects the credibility of the evidence. The prosecution bears the burden of proof beyond a reasonable doubt,” Justice Gujree read out.
Justice Gujree said that in the totality of the case the prosecution has failed to establish the guilt of the accused beyond a reasonable doubt due to the lack of concrete evidence, procedural lapses, and inconsistencies in witness testimonies.
“The inability to identify the accused or substantiate the allegations with clear, admissible evidence suggests a lack of conclusive proof linking the accused to the alleged crimes.”
“In light of these shortcomings, the benefit of the doubt goes in favour of the accused. Accordingly, the challan is dismissed. The accused are acquitted of offences U/Ss, 13 UA(P) Act and 148,336,353,307 RPC,” Court directed.
It was further directed that the personal bonds of the accused persons shall stand withdrawn and the sureties are discharged.
“The file after due compilation shall be consigned to records,” court said.
The accuseds Rahil Ahmad Matta, Rouf Ahmad Matta, Abdul Qayoom Beigh,Shabir Ahmad Khan, Amir Bashir Thakar,Ashiq Ahmad Khan and Owais Mehraj we’re represented by Advocate Mir Urfi and associates and State was represented by Public Prosecutor.