Court absolves trio of rioting, attempt to murder charges

Srinagar, May 11: A Sessions Court here discharged three youth of attempt to murder, rioting, and unlawful assembly offences in connection with a case of 2016.

The Court of 1st Additional Sessions Judge Srinagar discharged Shabir Ahmad Burhan and Peer Aqib after it observed that these offences were not made out against the accused.

However, the court has found prima facie material to put the three accused on trial for offences of rash and negligent act as well as assault or criminal force to deter a public servant from discharging his duty.

“I am of the considered view that the offence under Sections 148, 149, and 307 of the Ranbir Penal Code (RPC) are not made out against the accused persons. Hence, they are discharged for the commission of an offence under Section 148, 149, and 307 of the RPC,” the court said in its order while relying on a Supreme Court judgment reported in AIR (1996) 9 SCC 766.

The court also observed that from the material on record, the offences under Sections 336 and 353 of RPC were only prima facie made out against the accused persons.

The court issued the order after hearing the prosecution besides the defence counsel.

The prosecution had argued that while framing the charge, the court had not conducted a roving enquiry and scanned the evidence for totality as is done at the final stage.

“Only ground of suspicion for the commission of alleged offence on part of the accused persons is sufficient to frame charge,” it said.

In support of their contention, the defence counsel submitted that ingredients of Section 307 of the RPC (attempt to murder) and Sections 148 and 149 of the RPC were not made out against the accused.

“As such they were required to be discharged,” they said.

After Police Station Rainwari registered a case (FIR No 126/2016) in 2016 against the three persons, they were chargesheeted for these offences.