New Delhi, Jan 23 (PTI) A Delhi court acquitted two men accused of attempting to murder a delivery executive in 2024.
Additional Sessions Judge Gurmohina Kaur was hearing a case against Sumit and Govinda, who were accused of stabbing a delivery executive, Raj with a knife and a screwdriver in October 2024.
In an order dated January 19, the court said, “This court unflinchingly holds that the prosecution has failed to prove its case against the accused persons by leading convincing or cogent evidence. The prosecution has failed to discharge the burden placed upon it and therefore, the accused persons are entitled to be exonerated.” Both Sumit and Govinda had allegedly attacked Raj with a knife and a screwdriver on the night of October 12, 2024, near Sahyog Vihar in Uttam Nagar, causing serious injuries.
An FIR was registered in Bindapur police station against both the accused under BNS Sections 109(1) (attempt to murder) and 3(5) (common intention).
The court noted that the injured complainant failed to identify the accused in court and stated that he did not know who had assaulted him.
“No other eye-witness has been cited or examined to prove the guilt of the accused beyond reasonable doubts. The complicity of the accused persons could have been proved by the ocular evidence or circumstantial evidence,” the court said.
It noted that one of the eyewitnesses, Sudhir also deposed that he could not see the attackers due to darkness. Another public witness similarly did not support the prosecution case.
The court said that none of the material witnesses, including the injured and purported eyewitnesses, supported the prosecution version and that no other independent evidence was available to establish the involvement of the accused.
“The circumstantial evidence is insufficient and does not form a complete chain of events leading to the inescapable conclusion of guilt,” the judge observed, adding that suspicion, however grave, cannot take the place of proof.
While medical evidence showed that the victim had sustained dangerous injuries, the court held that medical evidence alone could not establish the culpability of the accused in the absence of credible ocular or corroborative evidence.
Holding that the prosecution had failed to discharge its burden of proof, the court granted the benefit of doubt to both accused and ordered their acquittal. PTI SKM NB NB
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