Acquittal in Terrorism Case: “Prosecution Failed to Prove Charges Beyond Reasonable Doubt,” J&K HC

Jammu, June 7, 2023: In a significant ruling, the High Court of Jammu & Kashmir and Ladakh has upheld the acquittal of the accused in a terrorism-related case. The court stated that the prosecution failed to establish the charges beyond a reasonable doubt, leading to the acquittal of the respondents. The judgment, delivered by Hon’ble Mr. Justice MA Chowdhary, emphasized the discrepancies in the evidence presented by the prosecution, including the lack of independent witnesses and the failure to produce conclusive forensic and ballistic evidence.

The case, titled 'State v. Bashir Ahmed & Ors.', Involved charges under sections 120-B, 121, 121-A, 122, 153A of the Ranbir Penal Code (RPC), as well as sections 4/5 of the Explosive Substances Act and sections 7/25 of the Arms Act. The accused were alleged members of the militant organization Lashkar-e-Taiba, accused of planning acts of sabotage and terrorist activities.

Quoting from the judgment, Justice MA Chowdhary remarked, “The prosecution had failed to prove its case beyond reasonable doubt to bring home the charge against the accused for the commission of any of the offenses of which the accused had been charged.” The court highlighted the inconsistencies among the prosecution witnesses, the lack of independent witnesses to support the search and seizure, and the non-production of conclusive ballistic and forensic evidence.

The judgment also pointed out that”the initial charges against the accused, including sedition charges, were dropped before the trial. The court stressed the importance of independent witnesses in search and seizure cases, stating that their absence affects the weight of the evidence. Furthermore, the court found the prosecution’s story to be unreliable, noting that the accused, allegedly involved in terrorist activities, were apprehended without any resistance.

The defense counsel, representing Bashir Ahmed & Ors., argued that the prosecution had miserably failed to connect the accused with the commission of the alleged offenses. They emphasized the lack of identification by prosecution witnesses and the absence of concrete evidence to support the recovery of weapons and explosives.

With the High Court’s decision to uphold the acquittal, the appeal filed by the State (now Union Territory) of Jammu & Kashmir has been dismissed. This ruling highlights the importance of presenting strong and conclusive evidence in criminal cases to secure convictions.

Date of Decision: 07.06.2023

State (now UT) of J&K   VS Bashir Ahmed & Ors.