Parimpora accident case: Court acquits accused

Sanjiv Kumar of Kalakote Rajouri was accused of killing a youth, Basharat Bashir Bhat, by hitting him with his bike at Parimpora. Police had booked the accused for rash and negligent driving.

Mudasir Yaqoob
Srinagar, Publish Date: Oct 17 2018 1:58AM | Updated Date: Oct 17 2018 1:58AM
Parimpora accident case: Court acquits accusedRepresentational Pic

A local court here Tuesday acquitted a man accused of killing a youth in rash and negligent driving at Parimpora in 2015. 

Court of second additional Munsiff Srinagar, FH Iqbal, said the prosecution has not been able to produce a single witness against the accused person in the case. “As such prosecution has failed to prove its case beyond reasonable shadow of doubt,” the court added.

Sanjiv Kumar of Kalakote Rajouri was accused of killing a youth, Basharat Bashir Bhat, by hitting him with his bike at Parimpora. Police had booked the accused for rash and negligent driving.

Defence counsel advocate Marouf Khan pleaded for the closure of case saying “the prosecution is wasting precious time of court by seeking only next date of hearing and prolonging the trial of an innocent person.”

The court while announcing the order of acquittal said since framing of charge for commission of offences of rash driving and causing death due to negligent act under section 279, 304-A RPC in 2015, the prosecution has not been able to adduce any witness or evidence in support of the challan. “As such, there is nothing incriminating against the accused,” the court observed. 

The court maintained that purpose of trial is to ascertain the truth behind the allegations leveled against the accused who is presumed to be innocent until proved guilty.

Referring to various provisions of law, the court said “burden of proving guilt of an accused has been placed heavily upon the prosecution and a reasonable doubt in the prosecution story renders the accused liable for acquittal.”

“In the present case, the prosecution has not been able to produce a single witness against the accused person. As such prosecution has failed to prove its case beyond reasonable shadow of doubt,” the court said.

“Prosecution has failed to prove their challan against the accused, the challan stands not proved and the accused is held 'not guilty' and is accordingly acquitted,” court added.

 

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