J&K court acquits three in terror case, cites gaps in prosecution evidence

The three were arrested by police at a checkpost in the Batamaloo area of Srinagar on October 10, 2022. The prosecution alleged that they were found in possession of grenades and magazines with live rounds.

In his order, the judge reiterated a settled principle of criminal law: the burden lies entirely on the prosecution.

“The present case is marked by material discrepancies about how the accused came to be apprehended and what exactly was recovered from whom,” the court said.

The judge pointed to multiple procedural lapses, including a failure to record identifying marks or numbers on the case property and the non-preservation of seal impressions. These lapses, the court noted, broke the chain of custody.

The order also referred to contradictory evidence on the sealing process and on how the grenades were presented to the bomb disposal squad.

The court further flagged repeated failures by witnesses to correctly identify the accused and to link specific grenades to specific individuals.

It also noted a “total absence of independent witness or corroborative evidence for the UAPA allegations of association with Al-Badr and intended terrorist act.”

Quoting settled law, the order stated: “Once such doubt arises, the accused are entitled to benefit of doubt.”

The court concluded, “This Court holds that the prosecution has failed to establish beyond reasonable doubt that the accused were in conscious and unauthorised 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 accused were represented by advocates Mir Urfi, Waheed Ahmad Dar and Anil Raina. (PTI)