Mere presentation of a Challan before a court is not sufficient to prove an accused guilty, a court said here Tuesday, acquitting a person against whom no witnesses could be produced.
The court of ThirdAdditional Munsiff Judicial Magistrate Srinagar Nusrat Ali acquitted an accusedafter prosecution failed to produce even a single witness to support its case.
In its detailed judgment,the court referred to the fundamental right to life.
“The prosecution shouldknow that an accused person has got the fundamental rights of speedy trialguaranteed under Article 21 of the constitution of our country. Besides,section 344 and 251-A CrPc are also mandate for expeditious disposal ofcriminal cases,” the court said in its judgment.
The court also put onrecord that it was “disappointed over the fact that despite lapse of so manyopportunities and despite so many efforts put in investigation, most of thecases fail to prove due to absence of witnesses.”
The court added that itsobservation should be noted by all agencies involved in dispensation ofjustice.
“Justiceis not only to culminate the process within stipulated time but also to bringthe guilt of the liable person before all and to convict him for the same if heis guilty. Mere presentation of Challan before the court is not sufficientunless witnesses are produced before court.”
The court observed that theprosecution had miserably failed toprove tyeir case against the accused by not providing any evidence.
“Therefore,instant chargesheet is dismissed and the accused person is acquitted of all thecharges leveled against him in case FIR number 89/2014. His bail bonds andsurely stand discharged,” the court said.
The case pertained to ImranShafi, who was accused of offences of beating and wrongfully confining a personin 2014.
However, during the triallasting more than three years, prosecution failed to produce a single witnessto support its case.