Allahabad HC acquits five in 2007 Rampur CRPF attack over probe lapses

The Allahabad High Court on Wednesday set aside a trial court order that awarded capital punishment to four persons and life imprisonment to another in connection with the terrorist attack on a CRPF camp at Rampur district on the night of December 31, 2007, in which eight CRPF jawans died and five sustained injuries.

"The defect in investigation went to the root of the case and ultimately culminated in the acquittal of the accused persons," a bench comprising Justices Sidharth Verma and Ram Manohar Narain Mishra said.

It acquitted Mohd. Sharif, Sabauddin, Imran Shahjad, Mohd. Farooq and Jang Bahadur Khan on murder and other serious charges, saying the prosecution "miserably failed to prove the case against the accused for the principal offence beyond reasonable doubt".

The bench, however, found the five, including Jang Bahadur Khan who had been sentenced to life imprisonment, guilty under Section 25 (1-A) of the Arms Act and sentenced them to ten years of rigorous imprisonment.

Besides, the court imposed a fine of Rs one lakh each on the petitioners. "The period of imprisonment undergone by the appellants will be adjusted towards the above sentence awarded to the appellants," the court added.

The five had appealed against the judgment passed by the additional district and sessions judge of Rampur on November 1, 2019, and November 2, 2019.

An FIR was lodged after the incident by sub-inspector Om Prakash Sharma at PS - Civil Lines, Rampur district, on January 1, 2008.

Setting aside the judgement of the sessions court, the High Court observed, "We are deeply concerned with the magnitude and enormity of the offence and at the same time we are constrained to observe that the prosecution miserably failed to prove the case against the accused for the principal offence beyond reasonable doubt which is a golden rule that runs through the web of criminal jurisprudence."  After going through the evidence and statement of witnesses, the high court observed, "Under such circumstances, the court is of the view that definitely it could not be denied that the incident did take place. What the court has to find out was as to whether the appellants who were the accused in the case had actually committed the offence.

"In the instant case, on account of the fact that the prosecution witnesses had never known the accused-appellants from before and were never made to identify the appellants, a doubt is raised as to whether the prosecution witnesses were ever aware that the accused-appellants had actually committed the offence."  The court noted that the prosecution witnesses at the time of getting their statements recorded before the Investigating Officer under Section 161 CrPC. and at the time of lodging the FIR did not know the names of the accused persons.

However, in the court, prosecution witnesses recognised the accused and recognised them by their names as well.

"In the cross-examinations, they simply failed to inform the court as to how and when they had got to know the names of the accused when at the time of the lodging of the FIR and at the time of the recording of the statements, they did not know their names at all," the order said.

"Thus, the appellants deserve acquittal under sections 148, 302/149, 333/149, 307/149, 121/149 of Indian Penal Code; sections 16 and 20 of Unlawful Activities (Prevention) Act; section 4 of Prevention of Damage to Public Property Act and section 27(3) of the Arms Act.

"Mohd. Sharif, Sabauddin, Imran Shahjad and Mohd. Farooq who were awarded capital punishment (i.e. the death sentence) and a fine of Rs. 50,000/- (each of the accused) under Section 302 read with section 149 of I.P.C. are acquitted of the charges levelled against them.

"Mohd. Sharif; Sabauddin; Imran Shahjad and Mohd. Farooq who were awarded death sentence under Section 27(3) of Arms Act are also acquitted of the charges under the Arms Act. Jang Bahadur Khan who was awarded life imprisonment with a fine of Rs. 50,000/- under Section 302 read with section 149 of I.P.C. is also acquitted," the order said.