Srinagar: A city court here has discharged three youths from Srinagar for charges of attempt to murder, rioting and unlawful assembly in connection with a case registered against them in 2016.
However, the Court of Ist Additional Sessions Judge Srinagar has found prima facie material to put the trio on trial for offences of rash and negligent act as well as assault or criminal force to deter a public servant from discharging his duty.
The court passed the orders after considering the submissions of the prosecution and the defence counsels—Qazi Mohammad Athar representing the accused Shabir Ahmad and Burhan, and Mustahsun Mattu for Peer Aqib.
The trio had been chargesheeted for these offences in the case (FIR No 126/2016) of Police Station Rainawari registered in 2016.
The prosecution had argued that while framing charges, the court has not to conduct a roving enquiry and scan the evidence for totality as is done at the final stage. The prosecution submitted that only grounds of suspicion for the commission of an alleged offence on the part of the accused persons are sufficient to frame the charge.
On the other hand, the defence counsels submitted that ingredients of Section 307 RPC (attempt to murder) and Sections 148 & 149 RPC were not made out against the trio, as such they were required to be discharged.
“In these circumstances, I am of the considered view that the offence u/s 148, 149 & 307 RPC are not made out against the accused persons, hence, they are discharged for the commission of an offence under Section 148, 149 & 307 RPC,” the court said while referring to the judgment reported in AIR (1996) 9 SCC 766.
The court also observed that from the material on record, the offence u/s 336, 353 RPC are only prima facie made out against the accused persons. (GNS)
