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A Delhi court on Monday acquitted five alleged members of terror organisation Lashkar-e-Tayiba, including one Pak national being linked to the terror outfit, in a case of allegedly committing terror act during Delhi assembly elections, saying there was no incriminating piece of evidence against them and prosecution has failed to prove its case.
Additional sessions judge Dharmender Rana granted relief to the accused person -- Mohd. Shahid, Mohd. Rashid, Ashabuddin, Abdul Subhan, and Pakistani national Arshad Khan -- in the case lodged under stringent Unlawful Activities (Prevention) Act and the Indian Penal Code.
“In the case at hand, the prosecution has miserably failed to prove its case and accused persons deserve to be acquitted,” the judge said.
The judge said the prosecution failed to prove that the accused were members of a terrorist organisation.
“I am convinced that prosecution has miserably failed to prove on record that accused persons were a member of banned terrorist organisation Lashkar-e-Tayiba and they accordingly deserve to be acquitted for the charge of an offence punishable under section 20 of UAPA,” the judge said.
The court further said there was no incriminating piece of evidence against the accused persons and that they recruited others for the terror activities.
“Thus in the absence of any evidence against the accused persons to the effect that they recruited or caused to be recruited any person for the purpose of committing any terrorist act, accused persons cannot be presumed to be guilty of commission of the offence u/s 18B of UAPA,” the court said.
According to the prosecution, the accused persons planned to kidnap a rich person for ransom to raise money for “jihad” and to finance the terrorist activities, and recruited others for the purpose.
The prosecution alleged that the ransom money had to be received in Dubai through hawala channels.