In a significant judgment by the Principal District and Sessions Judge in Srinagar, the court has acquitted Mst. Shahzada and Mohammed Rafiq Sofi of all charges related to the alleged murder of Mehraj-ud-Din Misser in 2012. The prosecution was unable to prove the allegations of conspiracy and murder beyond a reasonable doubt.
Case Background: On January 9, 2012, Mehraj-ud-Din Misser was found dead under suspicious circumstances. The police investigation led to the arrest of his wife, Mst. Shahzada, and Mohammed Rafiq Sofi, on the grounds of conspiracy and murder. The prosecution argued that the two accused were in a relationship and conspired to kill Misser to eliminate him as an obstacle to their union.
- Disclosure Statements: The prosecution’s case heavily relied on the disclosure statements made by the accused. However, key witnesses either turned hostile or could not substantiate these statements convincingly.
- Forensic Evidence: The forensic analysis of an iron pan, allegedly used to burn the scarf that strangled Misser, did not conclusively prove its involvement in the crime.
- Witness Testimonies: Several prosecution witnesses, including those who were supposed to corroborate the disclosure statements, did not provide consistent or reliable testimonies. The testimonies were either lost in the 2014 floods or were not convincingly reconstructed.
- Post-Mortem Report: The post-mortem report indicated strangulation but did not conclusively link the marks on the neck to the scarf or any act committed by the accused.
Court’s Reasoning: The Principal Sessions Judge, Jawad Ahmed, pointed out numerous inconsistencies and gaps in the prosecution’s evidence. The lack of reliable witness testimonies, coupled with insufficient forensic evidence, led to the conclusion that the prosecution failed to establish the guilt of the accused beyond a reasonable doubt. The court emphasized that mere suspicion, no matter how strong, cannot replace concrete proof in criminal cases.
The court acquitted Mst. Shahzada and Mohammed Rafiq Sofi of all charges, citing the prosecution’s failure to prove the allegations of murder and conspiracy. The accused were also discharged from their bail obligations, and the seized items were ordered to be destroyed post the appeal period.
| Case Title | UT of J&K v. Mst. Shahzada and Anr. |
|---|---|
| Court | Principal District and Sessions Judge, Srinagar |
| Judge | Jawad Ahmed |
| Prosecution | Public Prosecutor for State (UT of J&K) |
| Defense Lawyers | Jehangir Yaqoob Wani, Tasleema Jan, Junaid Gaffar Bhat |
| Date of Order | April 29, 2024 |
| Key Legal Point | Finding |
|---|---|
| Disclosure Statements | Witnesses turned hostile; statements were inconsistent and unreliable |
| Forensic Evidence | Iron pan analysis inconclusive; no concrete proof of its use in crime |
| Witness Testimonies | Inconsistent testimonies; many lost in 2014 floods; unreliable reconstructions |
| Post-Mortem Report | Indicated strangulation but did not conclusively link to accused actions |
| Date | Event |
|---|---|
| January 9, 2012 | Mehraj-ud-Din Misser found dead under suspicious circumstances |
| January 10, 2012 | Post-mortem conducted |
| January 19, 2012 | Accused arrested |
| February 28, 2012 | Charge-sheet presented |
| March 12, 2012 | Charges framed |
| March 11, 2013 | Accused granted interim bail |
| September 2, 2022 | Prosecution’s right to produce certain witnesses closed |
| April 29, 2024 | Judgment delivered; accused acquitted |
