Srinagar, December 11,2012: A Kashmiri youth taj, son of Mohammad Yousaf of Marrah, Surankote has been acquitted by a court after losing over 8 years in jail.
According to the police claim as they filed case, on June 7, 2004 Taj, son of Mohammad Yousaf of Marrah, Surankote along with five-six other militants barged into a house at Khaitan Draba and started indiscriminate firing on three SPOs including Mushtaq Ahmed, son of Nazir Hussain of Khaitan Draba. In the firing, Mushtaq Ahmed died while as other two SPOs managed to escape from the house.
Principal Sessions Judge Poonch, Kishore Kumar acquitted the youth, Taj, son of Mohammad Yousaf of Surankote after police failed to prove charges against him.
The judge while announcing the verdict observed “prosecution has been unable to prove the guilt of accused beyond reasonable doubts.” Taj was arrested by police in June 2004 in a fake case of murder.
This is not first such acquittal of any Kashmiri after spending many years in jail. Earlier, the Delhi High Court on November 22, 2012 acquitted two Kashmiri youth, Mohammad Ali Bhat and Mirza Nissar Hussain after 16 years in jail in a fake case. Muhammad Maqbool Shah, another Kashmiri, was also released in 2010 after 14 years in prison on a fake charge of bomb blast. Police had failed to provide any proof to the court in his case, too.
After hearing Public Prosecutor Nazir Hussain appearing for the State whereas Advocates Taj Hussain Shah and Mohammad Maroof Manhas appearing for the accused person, Principal Sessions Judge observed, "the careful examination of the prosecution evidence and submissions made by the Public Prosecutor and defence counsel reveal that there are so many material contradictions and serious infirmities in the statements of prosecution witnesses".
"The net result is that prosecution is under an obligation of proving the guilt of accused beyond reasonable doubt by cogent and clear evidence. In the present case, prosecution has been unable to prove the guilt of accused beyond reasonable doubts", the Court further observed. With these observations, the accused Mohammad Taj was acquitted of the charges framed against him.