Court acquits man in 2018 robbery case, says prosecution ‘badly failed’ to prove charges – ThePrint –

New Delhi, Oct 27 (PTI) A court here acquitted a person of robbery charges, saying the Delhi Police conducted a flawed investigation and pointed out contradictions in the evidence of prosecution witnesses.

He observed that the prosecution had “grossly failed” to prove the charges and added that the origin of the case could not be proven.

In its decision announced on October 18, the court stated that, according to the statements of the complainant and his friend, the police arrived at the scene after someone called the Police Control Room (PCR).

“However, the investigating officer (IO) did not make any effort to trace the caller in question and was not engaged as a prosecution witness in the present case. “Therefore, the prosecution was unable to establish the origin of the prosecution story,” he said.

He said the diary entry (DD) of the case was not submitted to the court, which further undermines the prosecution’s case.

“There is nothing to link it to the crimes in question other than the alleged seizure of the defendant’s mobile phone. “However, there are serious doubts about his capture and detention in the current case,” he said.

“Furthermore, the prosecution could not prove that the mobile phone in question belonged to the complainant; Therefore, according to the documents on record, it is not possible for the defendant to be convicted of the crimes he is accused of in the present case.”

The court noted that another accused in the case, Sunil, died during the trial and hence the case against him was stayed, but called for “special mention” as the circumstances of his arrest were “highly suspicious”.

According to the prosecution, two days after the incident, the complainant saw Sunil and called IO, who arrived at the scene and arrested him, noting that a knife and the stolen wallet were recovered during Sunil’s search.

“What surprised the court is the allegation that the accused Sunil was wandering around with stolen items two days after the incident and the absence of any allegation that the accused used a knife during the commission of the alleged crime,” the court said, adding that there was a “huge shadow of doubt” in the Delhi Police’s version of the case he said.

“Therefore, the contradictions and inconsistencies in the statements of the complainant and his friend, coupled with the flawed investigation carried out by the police, were further aggravated by the flaws of the prosecution in proving the origins of the case.” the court said.

It was stated that the evidence recorded was not worth accepting and the prosecution witnesses were not trustworthy.

“So they get to the root of the prosecution’s story and make it improbable and unbelievable. “Therefore, in the opinion of this court, there is no doubt that the prosecution has disastrously failed to prove its case beyond reasonable doubt and therefore the accused is acquitted,” he said. PTI MNR SKY SKY

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