A Delhi court has acquitted two persons in a road robbery case in east Delhi in 2018.
According to the chargesheet, the bike-borne accused persons had robbed gold chains of a man and his wife respectively at gun point early evening.
First, they stopped their bike by the driver’s side window and asked for an address from complainant Jasvinder Singh. As he rolled down the window pane, one of them snatched the gold chain from his neck.
When the victim tried to resist them, another person came on his bike and forced his wife to part with her gold chain at gun point.
The case of the prosecution fell through in the trial as the police committed a procedural error by showing the photographs of the accused persons to the complainant before conducting the Test Identification Parade (TIP). Further, the complainant failed to identify the accused in the trial of the case.
The police also failed to trace the wife of the complainant to record her evidence after she had taken divorce from him.
Freeing the two accused, Additional Sessions Judge Jagdish Kumar said: “In the cross examination, the complainant deposed that on the way to the Mandoli jail for TIP of accused persons, the investigating officer had shown the photographs of culprits, who was apprehended by police, and on the basis of those photographs, which was shown to him he had identified one person in TIP proceedings. So the identification of accused Shadab @ Salman and Deepak have lost its trustworthiness.”
Accused Shadab had refused to take part in the TIP proceedings. Justifying his refusal, the Judge said: “His plea has force as according to him his photographs were also shown to the witness by the police. So this refusal, in the given circumstances, cannot be construed against him.”
