A Jammu and Kashmir sessions court acquitted three individuals in a terror-related case after finding that the prosecution failed to prove the charges beyond reasonable doubt. Additional Sessions Judge Manjeet Rai delivered the ruling while acting as the special NIA judge.
A sessions court in Jammu and Kashmir acquitted three individuals accused in a terrorism-related case, concluding that the prosecution did not establish the charges beyond a reasonable doubt.
The ruling was issued by Additional Sessions Judge Manjeet Rai, who also serves as a special judge under the NIA Act.
The court released Wajid Ahmad Bhat, Masrat Bilal Bhuru, and Rameez Ahmad Dar, all from Kulgam district, and ordered their immediate release unless they are wanted in other cases.
The three men had been apprehended on October 10, 2022, at a police checkpost in the Batamaloo area. The prosecution alleged that grenades and magazines filled with live ammunition were found in their possession.
However, the court emphasized that in criminal cases, the onus is on the prosecution to prove guilt beyond a reasonable doubt, and that mere suspicion cannot replace concrete evidence.
Throughout the hearings, the court noted significant inconsistencies in the prosecution’s account, particularly regarding how the defendants were arrested and the recoveries claimed.
The judge pointed out the failure to document identifying marks or numbers on the seized items and to maintain seal impressions, which led to a compromised chain of custody.
Additionally, the court observed that witnesses consistently struggled to correctly identify the accused or connect specific grenades to particular individuals.
Crucially, the court highlighted the lack of independent witnesses or corroborative evidence to support the allegations under the UAPA, including claims of links to the banned group Al-Badr or any intentions of carrying out terrorist acts.
The judge stated,
“Once such doubt arises, the accused are entitled to benefit of doubt. This Court holds that the prosecution has failed to establish beyond reasonable doubt that the accused were in conscious and unauthorized possession of the alleged grenades, magazine and rounds on 10.10.2022 at Command Post Batamaloo, and the charge under section 7/25 Arms Act is not proved.”
The defendants were represented by advocates Mir Urfi, Waheed Ahmad Dar, and Anil Raina.