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| HC partly allows petition seeking quashment of CBI challan | | Shopian twin Murder case | | Early Times Report
Srinagar, Mar 27: In a much publicized 2009 Shopian twin Murder case in which death of two hapless ladies, namely, Asiya Jan and Neelofar Jan, under mysterious circumstances on the intervening night of 29th and 30th May, 2009 shook the whole valley particularly the township of Shopian, Justice Sanjeev Kumar after hearing both sides partly allowed petition and ordered that the challan against the petitioners, insofar as it pertains to the commission of offences under Section 193, 194 and 167 RPC read with Section 120-B RPC, is quashed.
Justice Sanjeev Kumar observed that this Court had carefully examined the evidence, particularly the one collected by the respondents to prove the involvement of the petitioners in fabricating/creating false evidence by pressurizing, inducing and threatening the eye witnesses to make false depositions implicating the police/security personnel in the commission of offences of rape and murder of the deceased ladies and from the perusal of statements of two star witnesses, namely, Ghulam Mohiuddin Lone and Abdul Rashid Pampori, got recorded by the CBI before the Judicial Magistrate under Section 164-A Cr.PC, Justice Sanjeev Kumar observed that this Court finds that there is sufficient evidence against the petitioners that they alongwith others threatened and induced Ghulam Mohiuddin Lone and Abdul Rashid Pampori to give false evidence, first before the Jan Commission and then before the CJM Shopian when their statements under Section 164-A Cr.PC were got recorded by the police station, Shopian to implicate the personnel of police/security so as to procure their conviction of capital offence. The ingredients of Section 195-A RPC are, therefore, met.
Justice Sanjeev Kumar observed that, this Court have no hesitation to hold that putting the petitioners to trial for the commission of offences under Sections 167, 193 and 194 RPC read with Section 120-B RPC would be a sheer abuse of the process of law as the evidence collected in the challan even if accepted in its entirety as the gospel truth, would not make out a case of commission of aforesaid offences.
With these observations High Court partly allowed the petition and ordered that the challan against the petitioners, insofar as it pertains to the commission of offences under Section 193, 194 and 167 RPC read with Section 120-B RPC, is quashed. However, the challan would proceed as against the petitioners for offence under Section 195-A RPC. It is, however, made clear that the petitioners would be at liberty to raise all contentions and arguments available to them at the time of framing of the charge and nothing said hereinabove would be taken as an expression of opinion on the merits of the case, insofar as, the charge-sheet against the petitioners for commission of offences under Section 195-A RPC is concerned. |
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