By: Sajid Raina
Bandipora: A local court in north Kashmir’s Bandipora district has acquitted three persons in a 31-year-old case as prosecution could not prove the charges against the accused.
According to details, three persons identified as Abdul Rahim Lone son of Nabir lone, Yousuf Lone son of Jabbar Lone and Shaban lone son of Rasool lone, all residents of Athwatoo village of Bandipora were booked in 1990 under sections 332 (Voluntarily causing hurt to deter public servant from his duty), 380 (Theft in a building, tent or vessel), and 457 (house trespassing by night) RPC.
Judicial Magistrate 1st Class Bandipora, Towfeel Ahmad Mir pronounced the judgment after hearing both prosecution as well as defence.
The judgement stated that the court has observed that out of five listed witnesses in the case, only one prosecution witness recorded his statement before the court, while all other four witnesses have expired.
“The only witness available in the case turned hostile and deposed nothing incriminating against the accused persons. He told the court that he had not information regarding the incident that happened three decades ago,” read the judgement.
It said that accordingly all three accused are acquitted from all charges. “In both examination-in-chief and cross examination. PW-03 has stated that he has no knowledge about the occurrence and even he does not know anything about the case,” court said in the judgement.
JMIC Bandipora said in its judgement that in the light of facts and circumstances, the court has no option but to acquit all the accused for want of evidence.
“Accordingly, accused persons are acquitted of all the offences under section 332, 380, 457 RPC and their bail and surety bonds shall stand discharged,” reads the judgement. (KNO)