Ghulam Nabi Mougal

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Charge:	Murder
Sentence:	Death
Years Imprisoned:	3
Year Crime:	2004
Year Convicted:	2014
Year Cleared:	2017
U.S. State or Country of Crime:	India
County or Region of Crime:	Jammu and Kashmir
City of Crime:	Kupwara
Result:	Judicially Exonerated
Summary of Case:	"Ghulam Nabi Mougal was wrongly convicted in 2014 of murder and firearms violations in the shooting death of a man on September 2, 2004 in Kupwara, India. Mougal's prosecution was based on the allegation he entered into a conspiracy with two other men — Shazad Ahmad Khan and Khurshid Ahmad — in Hotel Shamim to obtain arms and ammunitions from Abdul Rashid Mougal and to kill him. They allegedly took Rashid Mougal to a desolate place near Jummatari and Ghulam Nabi and shot him. Mougal and his co-defendants allegedly took a pistol, rifle, ammunition, and a wireless set and hide them in two houses which the police recovered during their investigation. The only evidence linking the three men to Rashid Mougal was the testimony of his sister that she saw them with her brother, and later heard a shot. Khan and Ahmad were acquitted. After his conviction Ghulam Mougal was sentenced to life in prison. Mougal appealed. In October 2017 the Jammu and Kashmir High Court set-aside Mougal's conviction and ordered his acquittal based on insufficient prosecution evidence to prove his guilt beyond a reasonable doubt. The Court noted that the testimony of Abdul Mougal was inconsistent and only created a suspicion he was guilt. However, "no amount of suspicion can result in conviction without there being tangible evidence direct or circumstantial indicating culpability beyond reasonable doubt." The High Court observed the behavior of Rashid Mougal's sister was unnatural: “On the one hand, she is alleged to have stated that she saw the accused and the deceased going together towards Jummatari and that she heard the firing, whereupon, she apprehended that her brother had been killed. On the other hand, she did nothing that evening, although, according to her, there were others with her including one Riyaz Ahmad, to either report the firing or go to the scene of occurrence. She waited till the next morning to go to the place of occurrence when a large number of people had already gathered around the dead body of her brother." The Court described her alleged conduct as unnatural and not believable. It stated in conclusion: “We are of the view that the prosecution has not been able to establish its case against (Ghulam Nabi) beyond reasonable doubt.”"
Conviction Caused By:	Unreliable testimony by the prosecution's key witnesses.
Innocence Proved By:	"In October 2017 the Jammu and Kashmir High Court set-aside Mougal's conviction and ordered his acquittal based on insufficient prosecution evidence to prove his guilt beyond a reasonable doubt. The Court noted that the testimony of Abdul Mougal was inconsistent and only created a suspicion he was guilt. However, "no amount of suspicion can result in conviction without there being tangible evidence direct or circumstantial indicating culpability beyond reasonable doubt." The High Court observed the behavior of Rashid Mougal's sister was unnatural: “On the one hand, she is alleged to have stated that she saw the accused and the deceased going together towards Jummatari and that she heard the firing, whereupon, she apprehended that her brother had been killed. On the other hand, she did nothing that evening, although, according to her, there were others with her including one Riyaz Ahmad, to either report the firing or go to the scene of occurrence. She waited till the next morning to go to the place of occurrence when a large number of people had already gathered around the dead body of her brother." The Court described her alleged conduct as unnatural and not believable. It stated in conclusion: “We are of the view that the prosecution has not been able to establish its case against (Ghulam Nabi) beyond reasonable doubt.”"
Defendant Aided By:
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Was Perpetrator Identified?
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Age When Released:
Sex:	Male
Skin/Ethnicity:	Indian
Information Source 1:	"No Amount Of Suspicion Can Result In Conviction Sans Tangible Evidence: HC, By Marouf Ali, Kashmir Observer, Oct 28, 2017"
Information Location 1:	https://kashmirobserver.net/2017/local-news/no-amount-suspicion-can-result-conviction-sans-tangible-evidence-hc-24957
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Ghulam Nabi Mougal

Charge:

Murder

Sentence:

Death

Years Imprisoned:

3

Year Crime:

2004

Year Convicted:

2014

Year Cleared:

2017

U.S. State or Country of Crime:

India

County or Region of Crime:

Jammu and Kashmir

City of Crime:

Kupwara

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Unreliable testimony by the prosecution's key witnesses.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Indian

Information Source 1:

"No Amount Of Suspicion Can Result In Conviction Sans Tangible Evidence: HC, By Marouf Ali, Kashmir Observer, Oct 28, 2017"

Information Location 1:

https://kashmirobserver.net/2017/local-news/no-amount-suspicion-can-result-conviction-sans-tangible-evidence-hc-24957

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Book About Case:

Book Information:

Book About Case (2):

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Movie About Case:

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