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news details
HC upholds acquittal in immoral trafficking case as only 4 witnesses examined in decade
11/8/2018 10:49:02 PM
Early Times Report
Srinagar, Nov 8: High Court has upheld acquittal of accused in an immoral trafficking case as prosecution examined only four weaknesses against them and they too did not state anything against them.
The Principal Sessions Judge, Srinagar, on 30 September 2013 had acquitted three accused in case tittled Tahir Ahmad Bhat and others under Immoral Traffic Prevention Act, 1956.
The court after considering the material on record and the evidence produced by the prosecution, had observed: "After considering the contention of the rival parties in my opinion the accused deserve to be acquitted at this stage without asking them to enter into their defence because four witnesses examined by the prosecution have not stated anything against the accused and the statement of 4th witness (a woman) cannot be made basis for conviction of the accused because she too has not been able to testify before this Court that the accused were found by the Police party indulging in Immoral Trafficking."
The court had further said: "Even if it is assumed to be true that the accused were found inside the room together alone cannot be held guilty of having committed the offence under PITA without their being substantive evidence on record against them. The prosecution has taken more or less ten years to produce the witnesses and despite taking such a long time have only examined four witnesses."
The state had challenged the acquittal order, contending that the judgment of acquittal was bad and perfunctory.
"The judgment of acquittal has been passed in hot haste manner and without application of judicial mind to the facts and circumstances of the case including the nature of offence and, as such, requires to be set aside," the state had added.
A bench of the high court comprising Justice Rashid Ali Dar after hearing the parties upheld the judgment.
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