A Delhi court has acquitted an accused in a robbery case as the complainant refused to identify him in the trial.
He told in his deposition that he had identified the accused in the Test Identification Parade(TIP) as the person who had robbed his scooty and ₹1.5 lakh cash at the instance of the investigating officer. The accused had chased him before robbing him, the complainant said. “He had identified the accused at the behest of the probe officer who had shown the photograph of the accused before the TIP proceedings,’’ the complainant said in his evidence.
“He had identified the accused at the behest of the probe officer who had shown the photograph of the accused to him before the TIP proceedings,” the complainant said in his evidence in the trial.
“The witness has explained the reason of his identifying the accused during the TIP and in the absence of any other corroborative evidence, his explanation to that effect has to be accepted,” said Additional Sessions Judge Sanjay Sharma-1 on the evidence by the complainant.
“It is also to be appreciated that no recovery of either the scooty of the complainant or any part of the robbed amount was effected from the accused after his arrest though he was remanded to police custody for one day. Similarly, neither the weapon of offence used in the alleged incident, as alleged in the chargesheet, could be recovered nor the co-accused could be arrested,” the Judge added.
“Hence, in view of the above discussion and taking into consideration the testimony of the complainant, it is held that the prosecution has failed to prove its case against the accused. Accused Mohd. Daud is accordingly acquitted of the offence punishable under Section 392/34 Indian Penal Code. He is set at liberty and be released if not wanted to be detained in any other case,” said the Judge while ordering release of the accused.
