Court of fourth additional sessions judge Srinagar Kamlesh Pandit has acquitted senior Hurriyat leader Masarat Aalam Bhat of charges of leading a mob attack in Badmawari park here in 2008.
The court said the prosecution has failed to build its case, as none of the prosecution witnesses deposed in their favour.
“Law is well settled in criminal jurisprudence that prosecution has to build up its case of its own, but the prosecution has not been able to meet the same standard so far as the present case is concerned,” the court said.
It added that consequently the accused person is acquitted of the charge leveled against him and shall stand discharged from his bail as well as personal bond.
According to the prosecution, Aalam led a mob of 500 people armed with sticks and stones from Hawal to Badamwari park on June 26, 2008, where it set a hut on fire and damaged some lights and ticket counter.
“None of the prosecution witnesses have deposed before the court directly or indirectly that accused was present on the spot in the procession and that he was leading the unruly procession,” the court said.
An FIR no. 42/2008 was registered under sections 148, 149, 336, 436 437-A in Rainawari police station. After culmination of the investigation the challan was presented only against Aalam, as no one else from the procession was identified.
However, none of the witnesses produced by the prosecution, including police personnel, corroborated the presence of Aalam at the spot.