Srinagar: A sessions court here has acquitted three people accused of involvement in terror activities for lack of evidence.
The special NIA court acquitted three men on the grounds that the prosecution had failed to prove the charges beyond a reasonable doubt, while the case was also riddled with “material discrepancies”.
The Court of Additional Sessions Judge, Manjeet Rai, acquitted Wajid Ahmad Bhat, Masrat Bilal Bhuru and Rameez Ahmad Dar, all residents of Kulgam district, and directed their release forthwith if not required in any other case.
According to police, the trio was arrested on October 10, 2022, from a Naka near Batamaloo here. It claimed that “grenades and magazines with live rounds were recovered from them” and the trio was booked under the UAPA and Arms Act.
After hearing the case, the court said it was settled that in a criminal trial, the prosecution must prove its case beyond a reasonable doubt and that suspicion, however strong, cannot take the place of proof in a criminal trial.
“The present case is marked by material discrepancies about how the accused came to be apprehended and what exactly was recovered from whom,” the court observed.
It held that in the absence of independent witnesses, the “place of occurrence” is a busy public area with regular traffic and surrounding shops, facts conceded by three prosecution witnesses.
“Yet, no shopkeeper, commuter, passer-by or CRPF personnel from the nearby bunker has been examined, nor even cited as a witness,” it added.
The explanation that people fled on seeing grenades, it said “the story was found to be inconsistent across witnesses and appeared more an afterthought than a consistent circumstance”.
It held that in a case under the UAPA and Arms Act where the prosecution story hinges on recovery, the non-joining of independent witnesses, when clearly possible, weighed against the prosecution.
The court noted that there were serious lapses in handling the case property, including failure to record identifying marks or numbers, preserve seal impressions, or maintain proper Malkhana records.
It found contradictory versions on whether the grenades were sealed when presented to the bomb disposal squad, coupled with the absence of seal descriptions.
The presiding officer recorded, “This contradiction prevents this court from safely concluding that the grenades examined by the BD Squad are the same as those allegedly recovered from the accused at the Naka. Once the identity of the case property is not firmly established, expert opinion loses probative value”.
The judge found inconsistencies “on how the accused were apprehended, whether they tried to flee, were standing and called for search on suspicion, or had already been apprehended when another officer arrived”.
Even the direction from which they came varied between Batamaloo Chowk and Rekh/Rekha Chowk, it said.
“While each discrepancy might be minor alone, cumulatively they cast doubt on the prosecution’s version,” the court said.
About UAPA charges, the court said that mere allegations were insufficient without proof of specific intention or nexus with terrorist activity.
The only material relied upon were alleged disclosure statements claiming association with banned outfit Al-Badr and transport of arms between Kulgam and Qamarwari.
However, the court said, no recoveries followed, no suspect at Qamarwari was identified or arrested, and no call detail records, technical evidence, communication data, financial trail or other corroboration was produced.
The prosecution failed to establish conscious and unauthorised possession of the alleged arms on October 10, 2022, the court said, adding that the charge under Sections 7/25 of the Arms Act was not proved and extended the benefit of doubt to the accused.
It acquitted the trio and ordered their release if not required in any other case.
