A court here has discharged three youths from Srinagar for charges of “attempt to murder”, rioting and unlawful assembly in connection with a case registered against them in 2016.
However, the Court of Ist Additional Sessions Judge Srinagar has found prima facie material to put the trio to trial for offences of rash and negligent act as well as assault or criminal force to deter public servant from discharging of his duty.
The court passed the orders after considering the submissions of prosecution and the defence counsels—Adv Qazi Mohammad Athar representing the accused namely Shabir Ahmad and Burhan and Adv Mustahsun Mattu for Peer Aqib.
The trio had been charge sheeted for these offences in case (FIR No 126/2016) of Police Station Rainwari registered in 2016.
The prosecution had argued that while framing charge the court has not to conduct a roving enquiry and scan the evidence for totality as is done at the final stage. The prosecution submitted that only ground of suspicion for commission of alleged offence on part of the accused persons is sufficient to frame charge. On the other hand, the defence counsels submitted that ingredients of Section 307 RPC (attempt to murder and Sections 148 & 149 RPC were not made out against the trio as such they were required to be discharged.
“In these circumstances, I am of the considered view that the offence u/s 148, 149 & 307 RPC are not made out against the accused persons hence, they are discharged for the commission of offence under Section 148, 149 & 307 RPC,” the court said while referring to the judgment reported in AIR (1996) 9 SCC 766. The court also observed that from the material on record the offence u/s 336, 353 RPC are only prima facie made out against the accused persons.
