4 on death row for CRPF terror attack acquitted, victim's kin slam verdict; court cites prosecution's failure to prove culpability in crime

PRAYAGRAJ/MEERUT: Allahabad high court has acquitted four men, including two Pak nationals, convicted as terrorists and sentenced to death for killing eight CRPF personnel and wounding five in a 2007 attack on their camp in UP's Rampur.

The bench instead held the four guilty under the Arms Act. The family of one of the slain CRPF constables reacted with anger. "How can terrorists who killed so many security personnel with automatic weapons be acquitted? It's unbelievable. I lost my father, and now the killers walk free. Is this justice?" asked Deepa Chaudhary (26), daughter of CRPF constable Manveer Singh (35), who was among those killed in the 2007 attack.

Court cites prosecution's failure to prove culpability in crime

Allahabad HC bench noted in the verdict that the "case would have met a different result had the investigation and prosecution been conducted by more trained police".The court cited the prosecution's "failure to prove beyond reasonable doubt" their culpability in the crime. Justices Siddhartha Varma and Ram Manohar Narayan Mishra acknowledged the "magnitude" of the terrorist attack on the CRPF camp on the night of Dec 31, 2007, but said they were "constrained" by prosecutorial failure to overturn the death sentence pronounced by a trial court in 2019 against Mohd Sharif, Sabauddin, Imran Shahjad and Md Farooq under sections 302 and 149 of IPC.

The bench instead held the four guilty under Section 25 (1-A) of the Arms Act, based on the seizure of AK-47 rifles from them, and sentenced them to 10 years of rigorous imprisonment along with a fine of Rs 1 lakh each. A fifth convict serving a life sentence in the case - Jang Bahadur Khan, alias Baba - was acquitted of terrorism charges and convicted for illegal possession of weapons."The period of imprisonment undergone by the appellants will be adjusted towards the above sentence awarded to them," states the order.

While observing that it could not deny that the CRPF camp was attacked, "the defect in investigation ultimately culminated in the acquittal of the accused persons"."Proving the principal offence beyond reasonable doubt is a golden rule that runs through the web of criminal jurisprudence. The state would be at liberty to deal appropriately with the lapses in investigation and proceed against the guilty police officers under law," says the order.Deepa's mother, Pinki Devi, said, "The investigators were so careless that they let such men go free. I lost my husband, and I still haven't come to terms with the loss. Now this verdict - it's despicable."(With inputs from Shubham Yadav)