Srinagar: The J&K High Court has upheld acquittal of ‘Hizbul Mujahideen’ militant in connection with an alleged case of abduction and murder of a woman more than fifteen years ago in Ramban district of Jammu region.
“Following the well known cardinal principles of law in appreciating the facts in heinous cases, where the punishment is capital punishment, we do not find any compelling or substantial reason for disturbing the well reasoned judgment returned by the trial Court after appreciating the entire material evidence on record,” said a division bench of Justices Dhiraj Singh Thakur and Sanjay Kumar Gupta dismissing state government’s appeal against acquittal of the alleged Hizb militant Manzoor Ahmed of Gund Thathar in Banihal tehsil of District Ramban.
As per prosecution, on 08 April 2003 at about 11 PM, it was revealed to police from reliable sources that during the intervening night of 7 and 8 April 2003 that some unidentified masked militants armed with arms and ammunition trespassed into the house of one Abdul Latief and beat and kidnapped his wife. The woman was taken about 1 KM away at Jamihal and was shot dead.
On the receipt of the report, the police agency swung into action, registered FIR under Section 302/364 RPC and started investigation. During investigation, the militants could not be traced and case was closed untraced.
However, subsequently re-investigation was ordered and the case was re-opened on the directions of SP Ramban on the basis of an application on 02 April 2007 by husband of woman, Abdul Latief, who alleged that Manzoor Ahmed Khan alias Bilal was responsible for killing and kidnapping of innocent civilians. “Manzoor, who was affiliated with banned outfit Hijbul Mujahidin, had killed the woman, Manzoora Begum and tortured others,” he had said.
During re-investigation, police said that Manzoor was an active militant belonged to Hizbul Mujahidin. “During the intervening night of 7th/8th of April, 2003 he kidnapped Manzoora
Begum at gun point and took her 2 KM away and shot her dead on the spot. Subsequently, the militant-accused surrendered before 20 RR Banihal along with AK 47 Rifle. Accordingly, offences under Sections 364, 302, 201 RPC and 7/27 Arms Act were established against the accused and present report was filed,” police said. subsequently, Manzoor was charge sheeted on 24 September 2008 for the commission of offences punishable under Sections 364/302/201 RPC and 7/27 Arms Act. However, Manzoor pleaded not guilty and claimed to be tried. Therefore, prosecution was directed to lead evidence and consequently, he was acquitted by Principal District & Sessions Judge Ramban on 10 December 2013.
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