Court had already abated the charges against the deceased Hurriyat Chairman, Syed Ali Shah Geelani and Altaf Shah
Srinagar: A trial Court at Srinagar on Wednesday acquitted jailed Hurriyat leader, Ayaz Akbar along with two other persons in a stone pelting and arson case that was registered in 2011 for ‘lack of evidence.’
The court had already abated the charges against the deceased Hurriyat Chairman, Syed Ali Shah Geelani and Altaf Shah.
1st Additional Sessions Judge, Khursheed-Ul-Islam while pronouncing the judgement recorded that from the overall perusal of the material on the record especially the statements of the witnesses, it is clear that they have not stated anything incriminating about the accused persons especially the present accused.
“none of these witnesses examined by prosecution has stated that they have seen the accused persons throwing stones over the police personnel,” court recorded.
Justice Islam said, “Since no incriminating evidence has come on record against the accused persons facing the trial, as such, recording the statement of the accused persons under section 342, Criminal Procedure code (Cr.Pc)is not warranted.”
“The case appears to be as one of “No evidence” in light of section 273 Cr.PC,” court observed and recorded.
Section 273 Cr.PC mentions that after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defense on the point, the judge if considers that there is no evidence that the accused committed the offence; the Judge shall record an order of acquittal.
Justice Islam while referencing the law said, “I am of the considered opinion that nothing has been brought on record in the shape of any evidence which would show that accused persons have committed any offence charged against them as such there is no need to proceed further in the matter,”
“Accordingly all the persons namely Mohammad Akbar Khanday @ Ayaz Akbar Aamir Syed Rather of Zoonimar,Srinagar and Ashaq Ahmad Zargar of Saraf Kadal are acquitted of the charges framed against them in FIR. No 86/2011 of Police Station Mehraj Gunj under sections 148,152,336 RPC.”
Court also directed that the accused Altaf Shah and Syed Ali Shah Geelani have already died and challan against them stands already abated.
“The bail and personal bonds of accused persons shall stand discharged. The seized property if any is ordered to be destroyed after the period of appeal is over,” court said and directed.