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This is an archive article published on August 27, 2009

Jammu and Kashmir HC acquits militant

The Jammu and Kashmir High Court on Thursday squashed a lower court's judgement awarding life imprisonment to a suspected militant,and ordered his immediate release.

The Jammu and Kashmir High Court on Thursday squashed a lower court’s judgement awarding life imprisonment to a suspected militant,and ordered his immediate release.

A division bench,comprising Justices Hakim Imtiyaz Hussain and J P Singh,acquitted Bashir Ahmed,who has been sentenced to life imprisonment by Principal Sessions Judge Kathua for allegedly being instrumental in the murder of a policeman,Parshotam Singh,on 13 October 2007.

After hearing Advocate H C Jalmeria appeared for appellant and Additional Advocate General (AAG) P C Sharma for the state,the bench observed that there is no sufficient evidence against Ahmed,who was also booked under Arms Act.

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The bench said it stands established that militants,who were present at Khandara Top hiding in a ‘dhok’ (high altitude mud house),fired upon the police party which reached there killing Singh. But it could not be proved that there was a conspiracy between the militants and Ahmed in Singh’s killing.

Justice Hussain observed that it is difficult to believe the prosecution version that it was at the instance of Ahmed that militants opened fire on the police party.

It was also alleged that RDX was recovered from Ahmed’s house,but the prosecution has not produced any evidence in this regard,the bench said and directed that the appellant shall be set free forthwith if not required in any other case.

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