STATE TIMES NEWS
JAMMU: The day-by-day, the failure of police investigation leads to discharge of accused, this one another case in which
Principal Sessions Judge Poonch Jaffer Hussain Beigh discharged one Sher Baz, son of Sultan Mohd, resident of Bedar Tehsil Mandi, District Poonch as the evidence collected by the investigating officer failed to prove the charges against Baz. He was booked by the police under Section 436 (Special Offence) of IPC.
According to the case, Shah Mohd had lodged a written complaint with Police Station Mandi on 8th January, 2015 with averments therein that during the night intervening between 7th and 8th January 2015 at about 2:00 AM two shops owned by him were set on fire causing damage to the tune of Rs 2 lakh. The two shops were constructed by the complainant on the land of the accused with the promise that one of these two shops would be retained by the complainant and the other would be handed over to the accused. On this FIR No.03/2015 for offence under Section 436 RPC stood registered.
The Judge observed that there is absolutely no evidence which would connect the accused with the commission of crime and the statement of witnesses recorded under Section 161 CrPC too have not stated anything against the accused person and the evidence collected by the investigating officer also failed to connect the accused with the crime. Under these circumstances, the judge observed that court under section 268 of CrPC has power to discharge the accused person. When there is no ground to frame charge against the accused, the accused is discharged. He stands released from the custody forthwith. JNF
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