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SC orders shifting of Gulzar Peer's case to Jammu
12/7/2015 11:57:53 PM
Early Times Report
Srinagar, Dec 7: The Supreme Court today ordered shifting to Jammu wing of the high court a case regarding government's appeal against acquittal of self-styled faith-healer Gulzar Peer on 2 February this year.
A Division Bench of the Apex Court comprising justices FM Ibrahim Kalifulla and Amitava Roy however rejected Gulzar Peer's plea for shifting the case outside state.
In his plea, Peer had claimed that his lawyer in Srinagar was facing threats and that there was no other lawyer available to defend him before the court of law.
On March 3, nearly three weeks after a sessions court in Budgam acquitted Peer of the charges of rape, the J&K High Court had stayed the verdict and ordered police to take him into custody.
In the appeal filed through station house officer Khansahib, the government has demanded high court to aside the Judgment of Principal Session Court Budgam and convict the accused.
The state has said that the accused were found involved in FIR No.40/2013 for offence under Section 376 and 109 RPC and as such were challaned before the court.
"The prosecution established the guilt of the accused to the hilt. However the trial court has acquitted the respondents-accused by observing that there is no material on record to connect accused with the commission of offence."
That perusal of the appeal, it said, would reveal to that the High Court in unequivocal terms that the judgement is wrong and as such is liable to be quashed.
"The prosecution established the guilt of the accused to the hilt before the trial court. However the the court has acquitted them by observing that there is no material on record to connect accused with the commission of offense," reads the appeal filed by the government.
The 45-year-old fake faith healer was arrested on May 21, 2013 after four minor girl students studying at his shady seminary accused him of committing the abuses at the residential institute at Shamasabad in Khansahib area of the central Kashmir district. Bhat was arrested soon after the girls made confessional statement before the court of the sub-judge in Budgam.
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