The High Court has invalidated the Criminal Court’s ruling on a Police Drug Enforcement Department (DED) Officer.
The officer was accused of asking an inmate to find him two girls between the ages of 16 to 25 to have sex with him three nights from 8:00pm to 1:00am, and that in exchange the inmate was to be freed and the case dropped.
The High Court identified the inmate as Mabaah Waheed of Maafannu Jaina and the police officer as Police Constable Ahmed Ismail.
The Criminal Court had ruled that according to Mabaah’s statements, documents presented to the court and text messages sent to Mabah’s mobile phone warranted enough evidence to suggest claims made by Mabah against Ismail were true.
The High Court however noted that Mabaah was arrested by the police on a drug related matter in a case Ismail investigated, raising the possibility that Mabaah might have a grudge against Ismail and so his statements would be weak.
The High Court said in the ruling that Ismail had argued that evidences and statements given by Mabaah should be invalid because Mabaah was inclined to give false statements as Ismail had not commuted the investigation.
The texts allegedly sent to Mabaah by Ismail requesting for the girls were not tested by any digital analysis system, the High Court said, adding that there was not enough evidence to suggest the texts were really sent by Ismail.
The Court also said that there was no evidence other than the words of Mabaah that the documents, written in English, were given to him by Ismail asking for the two girls.
Delivering the verdict, the High Court said it was hard to believe that a person would give a document making such a request, and that the only evidence that the Prosecutor General has presented to the court was the document and the text messages on the mobile phone, not enough to prove that the officer was guilty.
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