New Delhi, Jan 2 (PTI) A court here has acquitted two men charged with attempting to murder, saying the victim or complainant is not traceable and the absence of a direct eyewitness testimony makes it difficult to prove the charge.
Additional Sessions Judge Twinkle Wadhwa was hearing the case against Mohammad Alam and Rubba, who according to the prosecution assaulted and stabbed the victim, Firoz Khan, on April 13, 2020.
The prosecution had alleged that the duo assaulted Khan, while Alam also stabbed him, in the New Usmanpur area here after the victim asked Alam to return the money that he had taken from him.
In an order dated December 23, the court said, “When the complainant is not traceable in a criminal case, it weakens the prosecution’s case against the accused because the testimony of the complainant plays a critical part in proving the offence.
“The absence of the complainant’s testimony makes it difficult to establish the guilt of the accused as there is no one who has witnessed the crime in this case except the complainant.” It said the seizure of a knife and blood-stained clothes is not sufficient to establish the duo’s guilt, without the victim’s direct testimony.
“It is only secondary evidence and cannot replace the primary evidence,” the court said.
It acquitted the duo, giving them the benefit of the doubt. PTI MNR RC
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