New Delhi, Nov 17 (PTI) A court here has acquitted a man accused of assaulting a police constable after he was caught consuming liquor in the open in 2016, saying the prosecution’s version was “highly improbable and hard to believe”.
Senior Civil Judge Pragati was hearing the case against the accused, Ashish Joshi, against whom Anand Vihar police station had registered an FIR for the offences of obstructing, causing hurt and assaulting a public servant to prevent him from discharging his duties.
According to the prosecution, Joshi was apprehended by beat constable Praveen Kumar after he was caught “consuming liquor in a disposable plastic glass while sitting in the bushes” near Cross River Mall on September 7, 2016.
It alleged that after being caught, the accused gave fist blows to Kumar’s stomach and nose, and he also tore his uniform.
The additional public prosecutor sought Joshi’s conviction, saying the charges against him had been established.
Advocate Manish Bhadauria, counsel for the accused, said his client had consumed only one bottle of beer and had gone to buy another when two police officials stopped him, “thrashed” him and “demanded” Rs 500.
Bhadauria claimed that while trying to protect himself, Joshi’s elbow hit the constable’s nose, causing him injuries.
In an order dated November 7, the court said, “It is a settled proposition of criminal law that the burden of proof of the version of prosecution in a criminal trial, throughout the trial, is on the prosecution and it never shifts to the accused.” It said that there was no Daily Diary (DD) entry regarding the constable, along with another policeman, being on patrolling duty at the place and date of the alleged offence.
“It is pertinent to note here that no recovery of any sort, such as the liquor bottle or the glass wherein the liquor was allegedly consumed by the accused, has been effected from the accused,” the court said.
It said the prosecution explained the non-recovery by arguing that Joshi threw the disposable glass in a drain after seeing the constable, but according to the site plan, there was no drain near the spot.
“These facts raise grave doubt upon the story of the prosecution,” the court said.
Regarding the allegations of assault, the court said that no independent witness had been examined.
“Although the police witnesses cannot be straightaway termed as unreliable witnesses, when there is a possibility of joining any independent witness in the investigation and still no genuine efforts are made to join the independent person as a witness, then the testimony of the police witness does not lend sufficient credence or reliability,” the court said.
Flagging the “material lapses”, the court acquitted the accused, saying the prosecution’s version was “highly improbable and hard to believe”. PTI MNR MNR KVK KVK
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