By Express News Service
GUWAHATI: A Manipur court has acquitted all nine police personnel accused in the 2009 BT Road alleged fake encounter case in Imphal due to lack of evidence. The incident of firing had claimed the lives of a pregnant woman and an alleged former insurgent, Ch Sanjit Meitei. Five others were also injured.
The police had alleged that Sanjit fired at police commandos while trying to escape a routine frisking operation on the busy street. When photographs of the incident appeared in a magazine, Sanjit’s mother Ch Taratombi lodged an FIR with the police alleging that he was killed in a fake encounter.
In an order issued on Wednesday, Session Judge (Imphal East) W Tonen Singh said the prosecution failed to prove that the photographs containing in the magazine were genuine. “…the prosecution has totally failed to prove the photographs…as genuine by not producing the required certificate provided under section 65B(4) of the Indian Evidence Act which is mandatory,” the court said. It said these were photostat copies of photographs and as such, not admissible under the law unless proved by producing primary evidence.
“Whatever found in the depositions against all the accused persons cannot be taken as gospel truth in evidence,” the court said, adding the prosecution also admitted that the accused persons were doing their duties as police officers, head constables, constable and rifleman.
“…there is no other convincing oral or documentary evidence in order to show all the accused persons acted in excess while discharging their official duties on the fateful day…” the court said. “…Due to want of prosecution sanction under section 197 Cr.P.C. and due to lack of Certificate required under section 65B (4) of the Indian Evidence Act, all the accused persons are hereby acquitted of the case,” court said.
How it happened
2009: A pregnant woman, an alleged former insurgent Ch Sanjit Meitei killed and 5 injured on a busy Imphal road
He allegedly fired at cops while trying to escape a routine frisking operation
Sanjit’s mother Ch Taratombi, after seeing photographs in a magazine, lodges an FIR alleging it a fake encounter
2010: Case transferred to CBI following widespread protests
2015: Chargesheet framed against 9 cops
July 27, 2023 :
A Manipur court acquits all 9 police personnel
Session Judge (Imphal East) W Tonen Singh says the prosecution has failed to prove that the photographs containing in the magazine were genuine
Says photostat copies of photographs as such not admissible under the law unless proved by producing primary evidence
GUWAHATI: A Manipur court has acquitted all nine police personnel accused in the 2009 BT Road alleged fake encounter case in Imphal due to lack of evidence. The incident of firing had claimed the lives of a pregnant woman and an alleged former insurgent, Ch Sanjit Meitei. Five others were also injured.
The police had alleged that Sanjit fired at police commandos while trying to escape a routine frisking operation on the busy street. When photographs of the incident appeared in a magazine, Sanjit’s mother Ch Taratombi lodged an FIR with the police alleging that he was killed in a fake encounter.
In an order issued on Wednesday, Session Judge (Imphal East) W Tonen Singh said the prosecution failed to prove that the photographs containing in the magazine were genuine. “…the prosecution has totally failed to prove the photographs…as genuine by not producing the required certificate provided under section 65B(4) of the Indian Evidence Act which is mandatory,” the court said. It said these were photostat copies of photographs and as such, not admissible under the law unless proved by producing primary evidence. googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
“Whatever found in the depositions against all the accused persons cannot be taken as gospel truth in evidence,” the court said, adding the prosecution also admitted that the accused persons were doing their duties as police officers, head constables, constable and rifleman.
“…there is no other convincing oral or documentary evidence in order to show all the accused persons acted in excess while discharging their official duties on the fateful day…” the court said. “…Due to want of prosecution sanction under section 197 Cr.P.C. and due to lack of Certificate required under section 65B (4) of the Indian Evidence Act, all the accused persons are hereby acquitted of the case,” court said.
How it happened
2009: A pregnant woman, an alleged former insurgent Ch Sanjit Meitei killed and 5 injured on a busy Imphal road
He allegedly fired at cops while trying to escape a routine frisking operation
Sanjit’s mother Ch Taratombi, after seeing photographs in a magazine, lodges an FIR alleging it a fake encounter
2010: Case transferred to CBI following widespread protests
2015: Chargesheet framed against 9 cops
July 27, 2023 :
A Manipur court acquits all 9 police personnel
Session Judge (Imphal East) W Tonen Singh says the prosecution has failed to prove that the photographs containing in the magazine were genuine
Says photostat copies of photographs as such not admissible under the law unless proved by producing primary evidence
