A special National Investigation Agency (NIA) court in Kashmir has acquitted two men from Pulwama district in a case related to the August 2021 grenade attack near security personnel at Hari Singh High Street in Srinagar, holding that the prosecution failed to establish their involvement beyond reasonable doubt.
The accused, identified as Adil Farooq Bhat and Imran Nazir Najar, both residents of the Khrew area of Pampore, had faced charges under the Indian Penal Code, the Unlawful Activities (Prevention) Act and the Arms Act in connection with the attack.
Special Judge Manjeet Rai acquitted the two men of charges under Section 307 of the IPC, Sections 13, 16, 18 and 38 of the UAPA, and Sections 7 and 27 of the Arms Act, according to reports published on Monday.
The court reportedly found significant shortcomings in the investigation and the evidence presented by the prosecution. It observed that the seriousness of the allegations could not substitute for legally admissible evidence establishing the individual culpability of the accused.
Among the deficiencies highlighted were the failure to establish through admissible evidence that the objects produced before the court were hand grenades or prohibited ammunition, and the failure to prove that the accused possessed such ammunition.
The court also reportedly noted shortcomings concerning call-detail records and the absence of crucial evidentiary links that could have helped establish the alleged involvement of the accused. The prosecution's failure to place the case file before the independent review authority before seeking sanction was also highlighted in the reported findings.
According to the police account cited in media reports, the accused were alleged to have acted on the directions of a Pakistani Jaish operative identified as Yousuf Baloch. The prosecution, however, failed to prove the charges against the two men to the standard required for conviction.
The acquittal underscores the requirement that serious criminal allegations, including those involving terrorism-related offences, must be established through reliable and legally admissible evidence. [KNT]
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