Early Times Report
JAMMU, Dec 29: The Court of Additional Sessions Judge (TADA/POTA) and Special Judge designated under the NIA Act, Srinagar, Manjeet Rai, on Friday acquitted three accused in the FIR No. 138/2020 (P/S Nowgam) related to the 05.10.2020 terror attack on CRPF "E" Coy of 110 Bn near Taingan/Tengan bypass, holding that the prosecution failed to establish their guilt beyond reasonable doubt.
The case pertained to the firing incident in which two CRPF personnel succumbed to injuries while four others were injured. The prosecution case was that the accused acted as overground workers (OGWs) by allegedly providing shelter/logistics to terrorists involved in the attack.
However, the court recorded that while the prosecution succeeded in proving the occurrence of the terrorist attack, deaths, injuries and recovery of empties from the scene, it failed to produce cogent, independent evidence linking the accused to the specific incident of 05.10.2020. The court noted that the alleged linkage largely rested on police-recorded disclosure statements in another case and belated, joint pointing-out memos, without independent witnesses or strong technical/scientific corroboration.
Accordingly, the court granted benefit of doubt and acquitted: Faisal Ahmad Ganai of offences under Sections 16, 18, 19 & 39 UAPA, and Waseem Ahmad Ganai and Shakir Ahmad Dar of offences under Sections 16, 18 & 39 UAPA, directing that they be released forthwith, if not required in any other case. The court also ordered that seized property be retained till expiry of appeal period and thereafter dealt with as per law.
The case was argued by Ld. PP Mohd Saleem Wani for the UT, while the accused were represented by Advocate M.A. Pandith & associates
—(JNF) |
