Sessions Court Anantnag acquits accused

Anantnag, Feb 7: A Sessions Court in Anantnag has acquitted three accused in a 2021 burn death case, citing failure of the prosecution to prove the charges beyond reasonable doubt and serious lapses in investigation.

The verdict was delivered by Principal Sessions Judge Anantnag Tahir Khurshid Raina in FIR No 15/2021 of Police Station Mattan.

The case pertained to the death of Shahzada Bano, who sustained burn injuries during the intervening night of March 24 and 25, 2021, and died on April 1, 2021.

The case was initially registered under Section 309 of the Indian Penal Code (IPC) on allegations of attempted suicide.

During investigation, offences under Sections 342 and 307 of IPC were added and after the womanís death, the case was converted into offences under Sections 302, 342, and 498-A of IPC.

After evaluating the evidence, the court held that the prosecution had failed to establish the guilt of the accused, observing that it had ìmiserably failed to prove the guilt of the accused beyond reasonable doubt.î

During the trial, the prosecution examined 14 witnesses.

The court held that witnesses who reached the spot and shifted the victim to hospital said that the deceased disclosed she had set herself on fire after a quarrel.

The court recorded that ìthe deceased herself disclosed that she had set herself on fire after a quarrel.î

The court also relied on the testimony of the minor daughter of the deceased, examined as a child witness.

The judgment recorded that the child witness ìcategorically stated that her father and grandparents had no role in the burning of her mother.î

The prosecution primarily relied on an alleged dying declaration said to have been recorded at SMHS Hospital, Srinagar.

However, the court found the dying declaration unreliable and legally unsustainable, holding that it ìdoes not inspire confidenceî and was ìfraught with serious infirmities.î

The court found that the Investigating Officer failed to follow basic procedure in relation to the alleged dying declaration.

It observed that the Investigating Officer ìneither recorded the dying declaration nor was present at the time when it is alleged to have been recorded.î

It said that ìthe person who is stated to have recorded the dying declaration has neither been cited nor produced as a witness before the court.î

The court said that the deceased survived for nearly four days in hospital, but no attempt was made to have her statement recorded by a Magistrate.

It recorded that ìdespite the deceased surviving for about four days in hospital, no effort was made to call a Magistrate to record her statement to lend legal authenticity to this vital piece of evidence.î

Finding serious procedural violations, the court held that the mandatory protocol for recording dying declarations was ignored.

It observed that ìthe necessary protocol required for recording a dying declaration has been emphatically flouted by the Investigating Officer,î and described the prosecutionís handling of the issue as ìnothing but a wild goose chase.î

Passing strictures against the Police, the court criticised the quality of investigation, observing that ìthis is how investigating agencies end up burying criminal cases.î

It said that ìin the name of unfolding the crime and criminals, they instead shield them and finally throw a heap of papers in the court in the name of a chargesheet.î

The court said that such lapses were not isolated, observing that a ìlackadaisical approach of the investigating officers has been noticed in a catena of cases.î

It said that despite earlier directions to higher Police authorities, ìthe concern of the court has been given scant regard.î

Concluding the judgement, the court granted the benefit of doubt and acquitted all the accused and ordered that the accused in custody be released, if not required in any other case.