Tuesday, 02 January 2024 12:17 GMT

15 Yrs On, Court Acquits 5 In Pahalgam Stone-Pelting Case


(MENAFN- Kashmir Observer) Srinagar- A court in Anantnag has acquitted five accused persons in a case arising from a 2011 stone-pelting incident at Batakoot in Pahalgam, holding that the prosecution failed to prove the charges beyond a reasonable doubt.

The judgment was delivered on April 4, 2026, by Additional Sessions Judge Masarat Roohi in the case titled State of JK through SHO Police Station Pahalgam vs Abdul Rehman Bhat and others, arising out of FIR No. 43/2011 registered under Sections 148, 149, 152, 341, 332, 353 and 336 of the Ranbir Penal Code.


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The prosecution was represented by the Assistant Public Prosecutor for the Union Territory. Accused Abdul Rehman Bhat was represented by Advocate Arjumand Reshi, while the other accused-Mushtaq Ahmad Wani, Zaffar Ahmad Wani, Abdul Rashid Wani and Javaid Ahmad Ansari-were represented by Advocate Reyaz Ahmad Ganie.

According to the prosecution, on June 20, 2011, a police party on routine patrol near Jamia Masjid, Batakoot, was confronted by a group of people allegedly armed with lathis and stones. It was alleged that the group attacked police and CRPF personnel, obstructed them from performing official duties, caused injuries to police personnel and blocked the Pahalgam road.

The case was instituted in December 2011, and charges were framed in July 2013. The accused pleaded not guilty.

During the trial, the prosecution examined two witnesses, including the then SHO of Police Station Pahalgam and a constable who carried the docket for registration of the FIR.

In its judgment, the court recorded that no test identification parade was conducted in the case. It also noted that identification of the accused was made in court.

The court further recorded that no specific act had been attributed to any of the accused. One of the prosecution witnesses stated during cross-examination that he had not seen the accused pelting stones and that it was not possible to identify individuals involved in such incidents. The witness also stated that the persons apprehended at the spot were not carrying stones at that time.

The court also noted that the gathering was in connection with a missing child.

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The judgment recorded that no medical evidence was produced regarding injuries to police personnel. The injured official and the doctor were not examined during the trial.

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It further noted that the investigating officer was not examined.

The court held that the prosecution failed to establish the case beyond a reasonable doubt and acquitted all the accused. The accused were discharged of their bail and personal bonds.

The court directed that the seized property, if any, be dealt with in accordance with the law after the expiry of the appeal period.

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Kashmir Observer

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