JAMMU: Principal Sessions Judge Jammu R.S Jain on Friday acquitted Ghulam Nabi alleged HM activist, Mohammad Asraf, Kulsum Begum, Devinder Kumar and Satish Kumar who were facing trial in Enemy Agent Ordinance on the ground of legal infirmities and reasonable doubts in prosecution case.
According to the prosecution case, police arrested Ghulam Nabi, self-styled divisional commander of terrorist outfit HM in FIR No.201/2009 under Section 302 RPC/7/27 Arms Act and during interrogation, accused made a disclosure that he has hidden large quantity of arms and ammunitions in different places in Labar-Marmat and he can get the same recovered after identification. On this disclosure, the ASP along with police party recovered six AK-56 rifles, one Chinese pistol, two magazines of Chinese pistol, 273 Pika cartridges, 3063 AK cartridges, 48 .303 cartrides, eight magazines AK, one magazine LMG .303, one magazine rifle .303, two magazines SLR, two remote IEDs, one wireless set PRC, three IED detonators, three wireless antennas, 1103 SLR cartridges, two UBGLs, seven UBGL shells, one AK binocular, one Satellite phone and two RPG shells.
The officer found mark of the police department on the ammunition which was recovered. On further inquiry, accused said when the supply the of arms and ammunition from Pakistan had dwindled, he along with Devinder Kumar alias DK, who was doing the job of operation in Sarak Marmat, his sister-in-law Kulsum Bibi and uncle Mohammad Asraf approached constable Satish Kumar alias Doctor who from the armoury of District Police Line, Doda used to get arms and ammunitions.
Nabi also disclosed that he gave one rifle INSAS to DK who in return gave one AK rifle. He further unveiled that constables Devinder Kumar and Satish Kumar and other persons were helping the terrorists by giving information about the police and security forces with intention to kill the security forces and also spread panic in the civilian population.
Principal Sessions Judge Jammu R.S Jain observed that in the present case the recovered arms and ammunitions were not sent for testing to FSL or any ballistic expert to give opinion that the arms were in working condition and ammunitions were live. He observed that in absence of such report, the prosecution case becomes doubtful. Prosecution has failed to examine the IO and thus deprived the defence the chance of putting its case as well as the contradictions and omissions to him for his explanation and thus the non-examination of the IO has certainly caused a prejudice to the accused in their defence. With these observations Court acquitted the accused persons from the charges leveled against them. JNF
