New Delhi, Jan 22 (PTI) A Delhi court acquitted two men accused of murdering an 18-year-old youth in Nihal Vihar in 2016, saying the prosecution was not able to prove the guilt of the accused persons.
Additional Sessions Judge Pooja Talwar was hearing a case against Shamshad alias Salman and Sunil Pal alias Sonu, who were accused of murdering a youth, Sam, in 2016, following a dispute between them.
In an order dated January 20, the court said, “The prosecution has not been able to prove that all the facts so established are consistent only with the hypothesis of the guilt of the accused”.
Victim Sallaudin, alias Sam, was allegedly stabbed multiple times in a forest area near a DDA park on the evening of November 26, 2016, following a dispute over a phone number.
Both accused were charged under IPC Sections 120B (criminal conspiracy), 302 (murder) and 506 (criminal intimidation).
The court said that the prosecution failed to establish a chain of evidence to show that the accused persons murdered the victim.
“In view of the aforesaid discussion, the prosecution failed to prove the offence with which the accused persons have been charged. Accordingly, the accused persons deserve to be acquitted under Sections 120B (1) IPC, Section 302 read with Section 120B (1) IPC, Section 506 read with Section 120B (1) IPC,” the court said.
The prosecution claimed that Shamshad had stabbed the victim while Sunil Pal prevented others from intervening, and that both later fled the spot.
Police also alleged the recovery of a knife and bloodstained clothes at the instance of the accused during the investigation. The court noted that the case rested largely on circumstantial evidence and testimonies that were inconsistent and unreliable.
“The circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else,” the judge said.
It then acquitted both the accused of criminal conspiracy, murder and criminal intimidation. PTI SKM MPL MPL
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