New Delhi: The Supreme Court of India has upheld acquittal of a man who had “suffered incarceration for nearly 16 years” before walking out of jail in connection with a case regarding killing of a Sarpanch in Gandoh Bhalessa in Bhaderwah district in 2002.
“We have reservation with the observations made in the impugned judgment qua Section 34 of the Indian Penal Code, 1860, which are not in accord with the settled legal position. Even on merits the findings are debatable,” said a bench of Justice Sanjiv Khanna and Justice Dipankar Datta.
“However, it is pointed out to us that the respondent, Tariq Mattoo, has suffered actual incarceration for nearly 16 years and is not involved in any other case/offence. Furthermore, the respondent Tariq Mattoo has not been involved in any offence post his release on the directions of the High Court in the impugned judgment”.
In the above circumstances, the court said, “we are not inclined to issue notice in the present special leave petition.”
“We also notice that there is a delay of 420 days in preferring the special leave petition.
Recording the aforesaid, the special leave petition is dismissed on the ground of delay,” the court said.
The Special Leave Petition was filed by J & K government, challenging Mattoo’s acquittal after around 16 years by the J&K and Ladakh High Court last year.
In his plea before the High Court, Mattoo had contended that he was falsely and wrongly booked in FIR No. 57/2002 dated 4 July 2002 registered with police station Gandoh Bhalessa for commission of offences under section 302 RPC/4/27 Arms Act r/w 3 PSS Act for the allegations that he along with two other terrorists armed with weapons entered the house of one Sher Mohammad Rather, a Sapranch of Panchayat Halqa Pacharat Changa and brought him out of the house and killing him on the spot.
The trial court had sentenced him to undergo imprisonment for life and imposed a fine of Rs 5000 on 4 June 2014.
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