Ganderbal, Oct 5: A Special NIA Court in Ganderbal has acquitted Asif Bashir Khan in a 2022 grenade attack case after finding that the prosecution failed to establish the charges against him beyond reasonable doubt.
The case relates to a grenade attack on a police post in Zeergund area of Ganderbal on Feb 7, 2022. Khan was booked under various provisions of the Unlawful Activities (Prevention) Act, the Arms Act and Section 307 of the Indian Penal Code.
In its order, the court held that the prosecution was required to establish the accused’s specific act and intent and could not rely on the seriousness of the incident or subsequent suspicion in place of legally admissible proof.
The court also questioned key aspects of the prosecution evidence, observing that the alleged disclosure statement and recovery were not legally sustainable and lacked independent corroboration. It further noted that the alleged recovery was made from an open and accessible place, while the seized grenade was not sealed at the spot and the chain of custody was not properly established.
The court also observed that expert evidence did not establish that the recovered grenade was a live and functional explosive device.
The prosecution case therefore did not cross the threshold of proof beyond reasonable doubt, the court held, acquitting Khan of all charges and directing that he be released forthwith unless required in any other case. [KNT]
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