(MENAFN- Kashmir Observer) Srinagar- A court here has acquitted three persons, one of them on charges of murdering a woman here and two others for having allegedly purchased stolen gold ornaments from him in January 2017.

The court of 1st Additional Sessions Judge Srinagar Anjum Ara also recommended departmental action against the investigating officer for“faulty investigation” in the case which pertained to the murder of a woman whose body was recovered three days after her death due to alleged strangulation while her two and half month milk sucking baby was found alive inside their home in Pukhribal area of Bota Kadal Lal Bazar Srinagar.

The court found prosecution case wanting on as many as 20 counts including the investigation officer's failure to obtain an opinion as to how a two and half month old child can survive for three days without milk and without human presence that too in the harsh winter season.

“.....the prosecution evidence is week, fragile, inconsistent, contradictory and do not inspire confidence in the mind of the court rather same creates serious doubts in the prosecution case,” the court said while acquitting main accused, Shiraz Ahmad Ellahi of Machwoo Chadoora who had been charged for the offences under RPC's sections 302 (murder), 380 (theft in a dwelling house), 454 (lurking house-trespass) and 201 (Causing disappearance of evidence of offense) RPC and two others namely Ashiq Hussain Ganai of Chadoora and Mohammad Amin Zargar of Draigam Budgam for the commission of the offence under Section 411 (dishonestly receiving or retaining stolen property).

Among others factors and reasons which the court observed made the prosecution case doubtful includes the“incomplete” chain of evidence, leaving sufficient and reasonable doubts as whether the alleged acts have been done by the accused persons.

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“The only material that connects A-1 (Shiraz) to the alleged crime is the CDR (call record details) as the presence of the accused (A-1) (shiraz) at the place of occurrence at the relevant point of time is not proved,” the court said, adding,“The CDR's appended with the charge sheet have not been proved in light of Section 65-B of Indian Evidence Act, as such is inadmissible under law.” The court said that the neighbors being the most material witnesses were cited as witnesses in the case.

“The investigating officer focused on one accused only and faded the other aspects of investigation,” the court said, adding,“Investigating officer failed to collect scientific evidence including location of all suspects at the relevant time.” The court said that the stolen ornaments were not properly identified.

Regarding the Investigating officer, the court observed that he has not investigated the case in a proper manner and within the parameters which were required to have been adopted during the investigation.“He seems to have deliberately and intentionally paved a way for safe passage to the accused persons by way of his faulty investigation,” the court said and directed that the copy of the judgment be forwarded to I.G of Police Kashmir for initiation of departmental inquiry against the investigating officer.

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