Court acquits man in murder case

A court here has acquitted a man in a murder case as the complainant as well as all the five eyewitness turned hostile.

The material evidence — CCTV footage, recovery of the crime weapon, attack marks on the accused’s kurta and the post-mortem report — were also of doubtful value prompting the court to give the benefit of doubt and acquit the accused.

The accused was charged of allegedly stabbing the victim in a market following a scuffle after the former rode his bike over the latter’s foot. According to the prosecution, the entire incident was recorded on CCTV cameras installed at a nearby jewellery shop. The police did not send the footage for forensic examination.

A juvenile in conflict with law was allegedly also involved in the crime. According to the prosecution, it was the juvenile who had actually stabbed the victim. He faced inquiry by the Juvenile Justice Board.

The CCTV footage could not be made available and a vital piece of evidence was destroyed or could not be made use of. The benefit of the same would obviously go to the accused,” Additional Sessions Judge Sanjay Sharma said.

“None of the material witnesses, including the complainant and the eyewitnesses could establish the identity of the accused as the assailant of the deceased,” the Judge stated on the evidence by the eyewitnesses.

Two weapons

The doctor who conducted the post-mortem on the victim said in her report that the two injuries on his body might have been caused due two different weapons.

“It means that more than one weapon were used in the incident which also means that there were more than one assailant, contrary to the prosecution case which says that only one person had given the stab injury to the deceased, i.e. the JCL. Hence, the medical opinion is contradictory to the prosecution case and again the benefit would go to the accused,’’ the Judge said on the autopsy report.

“For the foregoing reasons, this court is of the opinion that the prosecution has failed to prove its case against the accused. Hence, accused Irfan is hereby acquitted of the offences punishable under Section 302/34 IPC and Section 25 Arms Act. He is set at liberty,’’ the Judge said

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Printable version | Feb 18, 2020 12:56:16 PM |

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