RAJIV NAGAR MASSACRE: Court acquits Pak national in murder case as prosecution dails
19/10/2019
Jammu, Oct 18: In a much publicized case of 2002 Rajiv Nagar massacre case in which 29 persons died and 30 injured, Principal Sessions Judge Samba MK Sharma acquitted Mohd. Abdullah Code Abutal S/O Hassan Baksh R/O Chack no. 2, Kasba Maddil, Multan, Pakistan prosecution has miserable failed to bring home the charge against the accused for the commission of offences of which the accused is charged.
Court after hearing Public Prosecutor BS Charak for the State whereas Adv Ganesh Sharma for the accused person observed that prosecution case as unfolded in the final police report is that on 13.07.2002, an information was received in police station Bahu Fort that at about 7 PM, some militants belonging to some banned organization with intent to intimidate the Govt. established by law and to indulge in massacre of innocent persons intruded into Rajiv Nagar area where they lobbed hand grenade and entered into jhuggies (temporary shelter) and resorted to indiscriminate firing causing death of 29 persons and injuries to about 30 persons. To prove these allegations, the prosecution cited as many as 79 witnesses, out of which, the prosecution examined only 13 witnesses. The prosecution case is based upon eye witnesses account as well as circumstantial evidence. The circumstantial evidence is in the form of disclosure statement of the accused.
Court after hearing both the sides is of I am of the opinion that the prosecution has miserable failed to bring home the charge against the accused for the commission of offences of which the accused is charged. The only available course therefore, is to discard the anaemic evidence and acquit the accused. The accused is, therefore, acquitted of the charge. The seized arms and ammunition shall be released in favour of the State of J&K after the expiry of period of appeal. Since, the accused is a Pak national, so, the State is directed to take steps for deportation of the accused to his native country.
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