Court said prosecution failed to lead evidence despite repeated opportunities were granted
Srinagar: A trial at Srinagar acquitted a person accused of theft after prosecution failed to lead any evidence in the case despite repeated opportunities were granted by court.
“Since there is no material on record to connect the accused with the commission of offence as such further pendency of the matter will serve no purpose,”Judge small Causes, Aadil Mushtaq said.
He recorded that the the case of the prosecution fails on account of proof and is dismissed.
“Accused is resultantly acquitted in the matter. Bail bonds shall stand discharged. Seized property if any be released in favour of the rightful owner. Final report after due completion shall go to records,” court said and directed.
Earlier Complainant Mushtaq Ahmad Bhat, on 2 November, 2016 reported to police station Safakadal that some persons have broken trunk into his residential house and committed theft.
Upon receipt of the information, on 11 November, 2016 police station Safakadal registered the FIR while investigation of the case was set in motion.
In terms of order dated 23 October, 2018 court observed that prima facie offence u/s 457 (trespassing of the house), 380 (theft) of RPC is made out against the accused. Charge were read over to the accused, who denied allegations and sought time.
Accordingly the prosecution was directed to lead evidence in the matter.
Judge Aadil Mushtaq while hearing the case recorded that the prosecution has been given various opportunities while as a speaking order has been passed on previous date of hearing wherein last and final opportunity was granted to the prosecution to produce evidence failing which their right to produce evidence will be closed.
“Since no witness is present today, as such the right of the prosecution to produce evidence is closed and the accused is set free,” court said.