STATE TIMES NEWS
JAMMU: In a criminal acquittal appeal filed by State of J and K through police station Bhadarwah against Akhtar Hussain Malik, son of Qutab Din Malik, resident of Village Shiva Tehsil Bhadarwah and Asif Khan, son of Mohd Sharief Khan, resident of Rawlakote PoK who were acquitted by the Trial Court as the prosecution failed to prove the crime.
Justice Tashi Rabstan after hearing AAG Seema Shekhar appearing for the State issued notice to Akhtar Hussain Malik and Asif Khan and directed registry to list this criminal acquittal appeal after the service is complete.
According to the police on September 5, 2006, SSP Doda wrote a letter to SHO Police Station Bhadarwah for registration of a case regarding recovery of fake and fictitious election card from HM militant Asif Khan, son of Mohd Sharief Khan, resident of Rawalkot PoK. It is alleged that during the joint operation launched by army and police on December 26, 2004 in Sungli area of Bhadarwah, Asif Khan was apprehended. Apart from arms ammunition and other incriminating material, an election identity card bearing No. JK-53-015113 issued to one Pawan Kumar, son of Girdhari Lal, resident of Grarudi Tehsil and District Doda under the seal and signature of Assistant Electoral Registration Officer Doda was recovered from his possession.
During preliminary inquiry it was revealed that in the year 2002 when the said militant was active in Shiva area, he used to visit frequently one Akhtar Hussain Malik, son of Qutib Din Malik, resident of Shiva Tehsil Doda and asked him to arrange for an identity card for him and he provided election identity card of one Pawan Kumar to him. It is further revealed that the said Akhtar Hussain had close nexus and association with the said militant as well as other militant organization and involvement of some other persons as well as official of Assistant Electoral Registration Officer Doda for managing a fake election identity card to the militants cannot be ruled out. He directed the SHO to register a case against the accused under the provision of relevant sections of law.
On the letter of the SSP FIR No. 139/06 for the commission of offences falling under section 3 EAO read with sections 471/468/34 RPC was registered and investigation ensued.
During investigation, it was found that accused Asif Khan used to get shelter in the house of the accused Akhtar Hussain and during the said period he asked Akhtar Hussain to arrange an election identity card for him, so that he could not be identified by the security forces and in 2003, the accused Akhtar Hussain visited the shop of Pawan Kumar and in his absence committed the theft of election card and after scanning the same affixed the photo of the accused Asif Khan who was to be identified as Pawan Kumar.
On 26th December, 2004, the accused Asif Khan was arrested and the said identity card was recovered from him. After investigation the final report has been submitted in this court and trial court observed that no room for doubt that when there is earlier FIR in respect of the offence, the second FIR cannot be registered against the accused on the investigation conducted in the first FIR and held that prosecution has miserably failed to prove its case against the accused beyond any reasonable shadow of doubt. JNF
