Five alleged terror suspects acquitted by Delhi court as prosecution fails to prove its case

A Delhi Court on Monday acquitted five alleged terror suspects including one Pakistan national linked to Lashkar-eTaiba (LeT), arrested for committing terror acts during Delhi Assembly elections after the prosecution failed to prove its case.

Additional Sessions Judge Dharmender Rana on Monday passed the judgement, he said, "It is settled proposition of law that in a criminal trial, the prosecution is required to prove its case beyond a shadow of reasonable doubt and in the case at hand, the prosecution has miserably failed to prove its case. Thus the accused persons deserve to be acquitted."

The court stated in its judgement that with these observations, accused Mohammed Shahid, Mohammed Rashid, Ashabuddin, Abdul Subhan and Arshad Khan alias Masab are hereby acquitted of the offences charged with.

"There is no material available on record to connect accused persons with LeT. Therefore, I am convinced that the prosecution has miserably failed to prove on record that the accused persons were members of banned terrorist organisation Lashkar-eTaiba and they accordingly deserve to be acquitted for the charge of an offence punishable under section 20 of UAPA," the Judge said.

According to the chargesheet, accused Mohammed Shahid, Ashabuddin, Mohammed Rashid, Abdul Subhan and Arshad Khan alleging the commission of an offence punishable under section 120B of the Indian Penal Code and sections 18, 20 of Unlawful Activities (Prevention) Act. It was alleged by the prosecution that the accused persons are members of a banned terrorist organisation LashkareTaiba (LeT).

The prosecution has placed heavy reliance upon the intercepted conversations between the accused persons and the dreaded terrorist Javed Balluchi. According to the Delhi Police, Abdul Subhan was a member of a banned terrorist organization, LeT. Abdul planned to kidnap a businessman for ransom to raise money for the cause of Jihad. He visited Ashabuddin in Kolkata Jail in April 2013 to facilitate his contacts with any Pakistani Terrorists to guide him in his efforts for Jihad and also to facilitate receipt of ransom money in Dubai through hawala transactions.

Accused Arshad Khan was also lodged in Kolkata jail at that time. Ashabuddin discussed the plan of Abdul Subhan with Arshad Khan. As per the case of the prosecution, Abdul Subhan in order to give effect to his intentions to wage jihad came across Mohd. Rashid is stated to be a highly motivated person. Abdul Subhan convinced Mohammed Rashid to wage Jihad. Abdul had also tried to associate and motivate Javed and Sabbir who were residents of Mewat but they did not join him.

READ | Six people die in custody each day in India, Gujarat tops the list in between 2017-20

He disclosed his plan to Mohammed Rashid and about his intentions to kidnap a businessman for ransom to raise money for Jihad and that the money would be received in Dubai through hawala channels with the help of Javed Baluchi. He asked Mohd. Rashid to arrange for a mobile phone connection and SIM card on a fictitious identity to talk to Javed Baluchi.