New Delhi, Aug 3 (PTI) Over six years after Delhi Police booked a man for the charge of attempt to murder, a court here has acquitted the accused, saying that the testimony of the sole witness, who was also the complainant and the alleged victim, was “not at all worthy of any credence,” nor was it believable.
“Keeping in view the totality of the facts and circumstances of the case, the entire case of the prosecution crumbles down. The prosecution has completely failed to bring home the charge under Section 307 IPC ( attempt to murder) against the accused,” Principal District and Sessions Judge Deepak Jagotra said.
The judge granted relief to Rashid Ali, who was accused of inflicting grievous injuries on the alleged victim Vipin in April 2016.
Underlining that the prosecution’s case was based on the “evidentiary value of sole witness,” the judge said that though the complainant had initially indicted the accused as the assailant, he could not stand the test of cross-examination.
The judge noted that during cross-examination, the complainant said that he received injuries as he lost balance and fell down on a sharp stone lying on the road due to darkness and that police had obtained his signatures on some blank papers.
“It is further elicited that he had named the accused Rashid Ali in his examination…on the instructions of some police officials,” the judge said.
Upon re-examination by the public prosecutor, the accused denied that he had identified the accused and scissors during his examination-in-chief and that the weapon of offence was recovered from the accused in his presence, the judge said.
“He (the complainant) has completely thrown his own testimony into winds. He has completely let go Rashid Ali (the accused) as the one who had committed any crime with him. Thus, he has completely exonerated the accused,” the judge said.
The judge also said the testimony of the police official concerned was not supported by the “star witness.” “Viewing the case from any angle would result in the failure of the prosecution case. In the present case, the star witness’s evidence is neither at all supported and corroborated by the police official nor vice versa. From no angle, the case of the prosecution is liable to be succeeded in any manner whatsoever,” the judge said.
As the prosecution had failed to prove its case beyond a reasonable doubt against the accused, the judge acquitted him.
According to the prosecution, after being served tea in broken glass, the accused had used scissors to inflict grievous injuries thrice on the shopkeeper and complainant Vipin on April 4, 2016.
An FIR was then registered against the accused under Section 307 of the IPC at Pandav Nagar police station in East Delhi.PTI MNR UK RKS RKS
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Source: The Print
