Early Times Report
Jammu, Oct 10: Second Additional Sessions Judge, Jammu, M K Sharma today acquitted a Special Police Officer (SPO), who was attached with an additional SP, from the charges of section 304 of RPC (culpable homicide not amounting to murder), because of shoddy investigation.
Acquitting the accused, the judge took serious note of the investigation and said "I would like to make it known that I have come across various cases of similar nature and I find that the investigations carried out are below par. I would like to observe that I am appalled by the investigation, or shall I say the lack of it, that was carried out in this particular case. A young boy of 17 years who had to see many springs of his life died in this occurrence. Parents of the deceased were snatched of their beloved. I am of firm belief that this case has failed because of improper investigation and prosecution. There are many questions which need answer as to why the finger prints were not lifted from the weapon immediately after the occurrence, why no evidence was collected as to how the accused came into possession of S.L.R, why the weapon of offence and empty cartridge case of the bullet were not shown to the doctor, why material witnesses like FSL experts and I.O have not been examined. If the things are not checked even at this stage, the people will lose faith in criminal justice delivery system. The result and consequence of such faulty investigations and prosecutions is that even those persons who might have been guilty for having committed offences are being acquitted on the basis of benefit of doubt or lack of evidence. This is not a very happy situation. Proper investigation of such like incidents would go a long way in aiding the criminal justice system in convicting those who are guilty and acquitting those who are innocent. A shoddy investigation will only point in one direction and that is in the acquittal of all whether they are guilty or whether they are innocent. Because, no criminal court would (and ought not to) convict any person merely on the basis of conjectures, assumptions, probabilities. All elements of subjectivity need to be eliminated and the investigation should be such that, when a charge sheet is filed, the court is presented with a case which when taken objectively would lead to the inescapable conclusion that a conviction is maintainable" and dispose of the case with a direction that a copy of this judgment be sent to DGP, J&K for information and appropriate action at his end. According to the police case, the accused, an ex-serviceman, joined J&K Police as SPO vide October 24, 2005 order No 1775 of SSP, Jammu. On October 28, 2005, the accused was on naka duty along with other police officials including then additional SP, Jammu, when a motorcycle (JK02/4638) driven by Rakesh Kumar with Nishu as pillion rider came from Purkhoo. The motorcyclist was signalled to stop at the police naka, but instead of obeying the signal, he drove past the naka, upon which the accused fired. Unfortunately, the bullet instead of hitting the wheel hit Nishu from the back as a result of which he died on spot and Rakesh sustained injuries. This led to registration of case for the commission of offences under sections 337/304 of RPC and 3/25 of Arms Act. (JNF) |
