jammu APRIL-10-2023:- Additional Sessions Judge Sopore Sunil Sangra awarded five years imprisonment to Pak National Hafiz Naveed Bloch alias Fahad-Allah s/o Abdul Jabar Bloch, Resident of Suhja Abad Multan Pakistan under 13/14 Foreign Act.
Brief facts of the challan reveals that on 17.04.2013 police station Dangiwacha acting on specific inputs regarding presence of a Pakistani terrorist Fahadullah in village Behrampora, a police 2 State FIR No 17/2013 PS Dangiwacha Vs Hafiz Naveed Baloch & Ors naka was laid on Thagagund Bahrampora road. After some time two suspects riding on a bicycle appeared from Thagund side and were signalled to stop. On being challenged one accused tried to lob a grenade on the naka party but both suspects were arrested who were later on identified as Fahadullah a Pakistani National and Shakir Showket Bhat. Their frisking lead to recoveries of some arms and ammunition and on their disclosure statement accused no 3 was also arrested in the said FIR. Docket was prepared by the police concerned for registration of F.I.R in police station Dangiwacha. Accused persons were arrested on spot. They have signed Arrest memo, confession and seizure memo on 01.07.2013. Statement of prosecution witnesses under section 164-A CrPC were recorded in the court. During investigation, IO finally established offences punishable under section 7/25 Arms Act and 13/14 Foreign Act against the accused.
Additional Sessions Judge Sopore Sunil Sangra after hearing both the sides observed that in view of the infirmities pointed out in the evidence of the prosecution witness and more particularly the inconsistencies of evidence, it can be safely reached the prosecution evidence is wholly unreliable and the prosecution witness has not told the truth. The prosecution failed to establish the charged offences against the accused persons. Needless to say that mere suspicion or even preponderance of probability of commission of offence is not a substitute for evidence ‘beyond reasonable doubt’. There is inconsistent version, the benefit goes to the accused persons. Accordingly, accused persons are given the benefit of doubt and deserves for acquittal. The evidence led by the prosecution is neither cogent nor emphatic to sustain charges leveled against accused persons. Therefore, in view of fringe of evidence on record this court has no other option other than to acquit the accused persons due to insufficient evidence and prosecution has failed to bring on record sufficient cogent, overwhelming reliable evidence in support of their case. The accused persons no 3 Feroz Ahmad is acquitted from the charges under sections 7/25 Indian Arms Act by giving the benefit of doubt. Accused no1 Hafiz Naveed Baloch who is Pakstani nationalist and has enter in to Sovereign Indian Country by illegal means as such offences under Section 13/14 F. Act are established and proved against him by the prosecution. As such he is convicted for the aforesaid offences and he is awarded imprisonment for the years of 5 for offences, Period of sentence shall run from the date of his arrest in the case. Offences under section 7/25 Arms Act are not proved against him due to insufficient evidence against him and acquitted from said offence by giving benefit of doubt. JNF