Court says accused was mentally ill at time of offence

AAP SHAMBU DESECRATION

JAMMU: In much publicized Aap Shambu Temple desecration case, a local court of Jammu district has discharged accused Yasir Alfaz, son of late Kher Din, resident of Shiva tehsil and district Doda at the stage of framing charges, as accused is stated to be mentally challenged.
According to the case on June 14, 2016 at 1815 hours, Yasir after intruding into Aap Shambu Mandir situated at Upper Roop Nagar, Jammu, started defiling the temple causing outrage among the followers of Hindu religion. A case was registered for the commission of offences punishable under sections 295/295 - A RPC, vide FIR No. 51/2016 and investigation was assigned to ASI Shanker Lal.
During investigation, said person was found to be suffering from some psychiatric disease as a prescription, issued by Government Medical College Hospital Jammu, was recovered showing that he had been referred from District Hospital Doda. Later on the directions of District Magistrate Jammu a team of doctors had examined the person. The team of doctors was of the opinion that Yasir Alfaz requires to be observed besides some investigative tests. On completion of investigation, instant chargesheet was laid against accused.
Court after hearing both the sides observed that taking into account the conduct of the accused at the time of the commission of offences and immediately thereafter, his previous record of being a psychiatric patient and suffering from manic episode even being in remission on medication at the time of examination by the board of doctors, it appears that accused had been suffering of unsoundness of mind and a person made non compass merits i.e., unsoundness of mind by illness, is excused in criminal case from such acts as are committed while under influence of disorder.
The accused is thus, discharged from the commission of aforementioned offences. He is directed to be released forthwith, in case he is not required in any other case. JNF