J&K Court Acquits Three Accused in Terror-Related Case

SRINAGAR, Dec 31: A Jammu and Kashmir court has acquitted three residents of Kulgam district who were facing charges related to alleged terror activities, citing serious lapses in the prosecution’s case and lack of credible evidence.

The verdict was delivered by the court of Additional Sessions Judge Manjeet Rai, designated as a special judge under the NIA Act. The court held that the prosecution failed to establish the charges beyond reasonable doubt, leading to the acquittal of Wajid Ahmad Bhat, Masrat Bilal Bhuru and Rameez Ahmad Dar. The judge ordered their immediate release, provided they are not required in any other case.

The trio had been arrested on October 10, 2022, from a police checkpost at Batamaloo in Srinagar. The prosecution claimed that grenades and magazines loaded with live rounds were recovered from their possession.

However, the court observed that the case was riddled with material contradictions regarding the circumstances of the arrest and the alleged recoveries. It noted that identifying marks or numbers on the seized items were not properly recorded, seal impressions were not preserved, and the chain of custody was broken.

The judge also pointed out inconsistencies in witness testimonies, including their failure to correctly identify the accused or link specific weapons to specific individuals. The court further highlighted the absence of independent witnesses and corroborative evidence to support allegations under the Unlawful Activities (Prevention) Act, including claims of association with the banned outfit Al-Badr.

Reiterating settled legal principles, the court said suspicion, however strong, cannot replace proof in a criminal trial. Granting the benefit of doubt to the accused, the judge ruled that the charges under the Arms Act and related terror provisions were not proved.

The accused were represented by advocates Mir Urfi, Waheed Ahmad Dar and Anil Raina.