J&K Court Acquits Three Accused in Terror Case, Cites Lack of Evidence

A sessions court in Jammu and Kashmir has acquitted three men who were accused of involvement in terror-related activities. The court ruled that the prosecution failed to present reliable evidence to prove the charges beyond a reasonable doubt.

The verdict once again highlighted the importance of strict legal standards in criminal trials, especially in cases involving serious allegations.

The judgment was delivered by an additional sessions judge who also serves as a special judge under the NIA Act. The court ordered the immediate release of the accused, provided they were not required in connection with any other case.

Who Were the Accused?

The acquitted men were identified as Wajid Ahmad Bhat, Masrat Bilal Bhuru, and Rameez Ahmad Dar. All three are residents of Kulgam district in south Kashmir.

Police arrested them on October 10, 2022, at a checkpost in the Batamaloo area of Srinagar. Investigators alleged that the men were carrying grenades and magazines loaded with live rounds at the time of arrest.

Based on these claims, authorities booked them under provisions of the Arms Act and the Unlawful Activities (Prevention) Act (UAPA).

Court’s Key Observations

While examining the case, the court stressed a basic principle of criminal law. The prosecution must prove its case beyond reasonable doubt. Mere suspicion, regardless of how strong it appears, cannot replace concrete proof.

The judge noted serious inconsistencies in the prosecution’s version of events. According to the court, the case suffered from multiple gaps related to how the accused were apprehended and how the alleged weapons were recovered.

Gaps in Evidence and Investigation

The court pointed out that investigators failed to properly document crucial details of the seized items. Officials did not record identifying marks or serial numbers on the alleged case property. They also failed to preserve seal impressions correctly, which raised doubts about the chain of custody.

The judge also noted contradictions in witness statements. Different versions emerged regarding how and when the grenades were sealed. The prosecution could not clearly explain how the seized explosives were handled or presented to the bomb disposal squad.

Witness Testimony Under Scrutiny

Witness credibility emerged as a major concern. The court observed that several witnesses failed to correctly identify the accused during the trial. In some instances, witnesses could not link specific grenades to specific individuals.

The absence of independent witnesses further weakened the prosecution’s case. The court also found no corroborative evidence to support allegations that the accused had links with militant groups or intended to carry out any terrorist act.

Benefit of Doubt to Accused

The judge made it clear that once reasonable doubt arises, the accused are legally entitled to its benefit. In this case, the court found that doubts existed at multiple stages of the prosecution’s narrative.

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The judgment stated that the prosecution failed to establish that the accused were in conscious and unauthorised possession of grenades, magazines, or live rounds at the checkpost on the day of the arrest. As a result, the charges under the Arms Act could not be sustained.

Legal Representation and Final Order

The accused were represented by a team of advocates during the trial. After reviewing all evidence and arguments, the court ordered their acquittal and directed that they be released immediately unless required in another case.

Broader Significance

The verdict underscores the judiciary’s emphasis on due process and evidentiary standards, even in sensitive cases involving national security.

It also highlights the need for thorough investigations, proper documentation, and credible witness testimony to sustain serious criminal charges.

The ruling serves as a reminder that the rule of law demands proof, not presumption.

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