Wednesday, December 8, 2010

Terrorists may be free, but the anti-national conspiracy remains

On 8th August, 1993, a Bomb Blast occurred in RSS Headquarters Chennai killing 11 persons and injuring 5. The trial Court convicted the appellants by sentencing to a life imprisonment. The Honorable Supreme Court has dismissed the case, setting them aside and letting them free. Some of the extract of the Supreme Court is as follows:
……….. It was also for the prosecution to establish as to what has happened to gelatin, which was allegedly procured by the conspirators there is no mention of any other explosive being procured by the conspirators. The expression used was other materials. Not other explosives. This expression referred only to the other materials which were required to assemble the bombs……
….. in this case there is no direct evidence of the crime. The prosecution case hinges on circumstantial evidence. It is an accepted proposition of law that even in cases where no direct evidence is available in the shape of eye-witnesses etc. ………….a conviction can be based on circumstantial evidence alone.
………Excepting for the confessional statements, admittedly, there is no other independent evidence with regard to the participation of the accused in the conspiracy and the particular role played by them.
According to these confessions, A15 Imam Ali and A17
Kaja Nizamuddin had carried the two suitcases inside the building. Therefore, it is apparent that even according to the prosecution version, they could have only carried bombs made from gelatin. The lid on the prosecution case is blown away by the report of forensic experts and the traces of the explosive material collected at the Bomb site. In this screening procedure positive response was obtained for both PETN and RDX in some of the exhibits. It was also noted that few exhibits gave positive tests only for PETN, some exhibits gave positive tests only for RDX and some exhibits gave positive tests for both PETN and RDX. However, many exhibits did not give positive tests for any of the explosives."………
………..Suspicion no matter how strong cannot take the place of legal proof but no trace of gelatin was found form the scene of crime. In the result the prosecution story as put forward does not inspire confidence on the basis of the material placed on record. Criminal Appeal No.1374 of 2007 and Criminal Appeal No.552 of 2008 filed by the accused appellants are, therefore, allowed and the conviction and sentence passed against the appellants are set aside. They shall be set free forthwith unless wanted in any other case.
With the blast of RSS Office by anti-Hindu elements, Islamic terrorism entered in Tamilnadu. In the present case, the three accused may be let off on benefit of doubt but there was a conspiracy by Islamic terrorists and therefore the blast occurred. So the conspiracy part of the episode remains which is to be seen how the learned Court will view the conspiracy of anti-nationals.

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