Srinagar: A court in Jammu and Kashmir has acquitted two youths who were undergoing trial under anti-terror charges in Baramulla district, noting that the evidence against the accused was unreliable.
Special Judge (UAPA/NIA cases) Baramulla, Feroz Ahmad Khan, acquitted Huzaif Firdous Bhat and Aijaz Ahmad after finding contradictions in the prosecution case.
The two youths were arrested in September 2020 during a joint naka checking by police and the Army at Kanispora in Baramulla district.
Police registered a case against the two youths under Sections 18, 23 and 39 of the Unlawful Activities (Prevention) Act (UAPA) and Section 7/25 of the Arms Act, claiming to have recovered two hand grenades, 100 rounds of ammunition and posters of the terror outfit Lashkar-e-Taiba.
“On an overall assessment, the court finds that the prosecution evidence suffers from such material inconsistencies and infirmities that it would be unsafe to base a conviction upon it,” the court said in its 71-page order.
The court held that the prosecution has not established “through cogent and dependable evidence” that the arms and ammunition produced in the court were recovered from the “conscious possession” of the accused in the manner alleged.
“Once the alleged recovery itself becomes doubtful, the foundation for the offences under Sections 18 and 23 of UAPA and Section 7/25 of the Arms Act is substantially weakened,” the court said.
The court also noted that there was no independent witness to the recovery of the arms and ammunition, and glaring contradictions were found during the deposition and cross-examination of police witnesses.
