Failure of prosecution leads to acquittal of ISI militant

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[ June 17, 2017 ] Jammu: 1st Additional Sessions Judge Jammu MA Chowdhary acquitted Mohd. Abdullah Code Abu Talah S/O Hassan Bakhsh R/O Madal Chak No.2, Multan Pakistan who was allegedly involved in Rajiv Nagar Attack case.According to the police case that On the basis of a docket received from Inspector Swarn Singh Jangi, while patrolling in Village Raika on 01.08.2002, at 1530 hrs, asserting therein that he as Incharge Police Station Bagh-e-Bahu accompanied by other police officials at about 2:15 p.m, received an information from reliable source that one ISI agent of Pakistan or an activist of some banned Organization, had been moving armed with ammunition and on that information, police party reached village Raika and in the meantime, SDPO City (East), SHO Police Station Trikuta Nagar and officers incharge of Police Post Bathindi and Narwal alongwith police escort and re-enforcement of SOG and IRP reached there and cordoned the area and during search, some terrorists resorted to indiscriminating firing wherein Constables Jaswant Singh and Rajinder Kumar PSOs of SHO Police Station Trikuta Nagar were seriously injured and succumbed to their injuries, a case was registered at Police Station Bagh-e-Bahu Jammu vide FIR No. 40/2002 for the commission of offences punishable under sections 302/34/120-B RPC , 7/25 Arms Act and 3/4 POTA . During investigation of the case, the dead bodies of the deceased constables were removed from the place of occurrence and seized the blood stained material, weapon issued to the slain constables and eight empties which were sealed and after conducting postmortem of the deceased, their dead bodies were handed over to next of kiths and kins for last rites. The blood stained uniform were also seized and all the seizures were got re-sealed through Magistrate. On 02.08.2002 during search in Raika Forest, there was an exchange of fire with the terrorists and in this encounter Incharge Police Post Hari Market S.I Ranbir Singh Thakur received injuries and succumbed and some other officials also received injuries besides the terrorist , who disclosed his name as Mohd. Adnan code Abu Dojana, resident of Pakistan, a Fidayeen of Lashkar-e- Toiba Organization. The injured terrorist also disclosed that the occurrence of 01.08.2002 had also been committed by him alongwith his accomplice Mohd. Abdullah code Abu Talah . The special team of police on 03.08.2002 had arrested accused Mohd. Abdullah code Abu Talah and one AK 56 rifle with a magazine and live grenades and empties were recovered from him which were seized, sealed and got re-sealed through Magistrate. The grenades were got defused and a certificate was obtained in this behalf. On disclosure by the accused, one bed cover and a quilt were seized, the instant chargesheet was laid for the commission of offences punishable under section 302/120-B/34 RPC and 7/25 Arms Act, against accused Mohd. Abdullah code Abu Talah S/O Hasan Bakhsh R/O Madal Chak No.2 Multan Pakistan. Court after hearing both the sides observed that there are also contradictions with regard to arrest of the accused. Some policemen claimed to have seen accused coming out of the forest with a bag on his back and he was nabbed, whereas, others have stated that he had been nabbed at the house of PW Kaku Din, who had himself refuted the same. The prosecution case is that accused was arrested from the house of PW Kaku Din and as per site plan of the place of arrest, accused had been shown sitting one double bed in a room of the residential house of Kaku Gujjar at Raika, with a bag on his back and this fact has not been supported by any of the prosecution witnesses. Even one of the prosecution witness, HC Krishan Dev, who is a policeman stated that accused had been apprehended by witness Kaku Din in the intervening night of 1st and 2nd of August and shifted to ‘ safe house’ at Channi Himmat by Gujjars where he had seen him on 02.08.2002 at 3:00 P.M before the time of occurrence. Therefore, accused, who was stated to be in police custody at " Safe House", before the occurrence could not have been involved in the commission of offences later in date and time. Prosecution has, thus, not been able to prove its case to connect the accused with the commission of any of the offence of charge or otherwise, on the basis of the prosecution evidence. With these observations Court held that prosecution has miserably failed to bring home the charge against the accused for the commission of offences punishable under sections 302/120-B/ 34 RPC and 7/25 Arms Act. As such, case in hand fails and is dismissed. Accused is acquitted of all the charges. He is directed to be released forthwith from judicial custody, provided that he is not required in any other case. State is also directed to take steps for his deportation to his native country.