Prosecution failure leads to acquittal in grenade attack on CRPF

04/12/2019

Srinagar, Dec 3: 3rd Additional Sessions Judge Srinagar Tasleem Arief acquitted Mushtaq Ahmed Sheikh son of Mohd Sultan Resident of Shaheen Mohalla Noorbagh Srinagar who was facing trial in grenade attack on CRPF in the year 2006, as prosecution miserably failed to prove its case.
The case had its origin in the information that the police concerned had received from a confidential source. The confidential source had informed the police that unknown militants have hurled illegally obtained hand grenade upon the CRPF personnel posted in the Qammarwari Chowk with intent to kill them and that the explosion of that hand grenade has injured several CRPF personnel and pedestrians. The police station concerned would register case FIR No. 128 of 2006 regarding the incident for the commission of offences punishable under section 307 of the Penal Code and sections 3/5 of the Explosive Act. The Investigating Officer would inspect the place of incident, recover part of the exploded hand grenade, seize it and prepare its seizure memo. He would admit the injured civilians and the injured CRPF personnel of 164 Bn. in the hospital and get them treated there. He had prima facie found that unknown militants have committed the incident and arrested certain suspects. He would interrogate them and finding no clue against them, he would relieve them. But he did not discover the perpetrator/s of the crime and sought to close the investigation. He would submit the file to the SHO concerned for his perusal. The SHO concerned would peruse the file and recall that during his tenure as SHO of police station Budgam, he had interrogated Mushtaq Ahmed Sheikh son of Mohd Sultan Sheikh resident of Shaheen Mohalla Noor Bagh in case FIR No. 114 of 2006 for the commission of offences punishable under sections 7/25 of the Arms Act. He would recall that the said accused had admitted during his interrogation in that case that he had hurled hand grenade on the CRPF personnel of 164 Bn. on 24th May, 2006.
Court after hearing both the sides observed that prosecution has failed on all counts: it did not produce any evidence or any material which would show or suggest to this Court that the accused has committed any culpable or criminal act. Thus viewed, the prosecution would be found of having failed to prove the charge against the accused. This Court did not find the Prosecution of having produced any incriminating circumstance against the accused even for examining him under section 313 of the Code (analogous to section 342 of the old Code). This Court finds that the instant case can safely be disposed of under section 273 of the Code. Consistent with the aforesaid discussion and the reasons provided this Court considers that the Prosecution case must fail, that it deserves dismissal and that the accused deserves acquittal. Such being the case, this Court hereby dismisses the Prosecution case and acquits the accused of the offence of which this Court had charged him. The accused is, thus, acquitted of the offences punishable under sections 427 and 307 of the Penal Code and sections 7/25 of the Arms Act. The accused and his surety/s shall stand discharged from their respective liabilities under the personal and surety bonds.JNF

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