New Delhi, Jan 22 (PTI) A Delhi court has acquitted a man accused of attempting to murder a dhaba owner in 2020, saying the prosecution failed to prove the charges beyond reasonable doubt.
Additional Sessions
Judge Puneet Pahwa was hearing the case against Suhail, alias Shoaib. The accused was alleged to have fired at Zulfikar, alias Bitoo, with a pistol in northeast Delhi.
In an order passed on January 17, the court observed that the prosecution must prove the guilt of the accused beyond reasonable doubt. "Every benefit of doubt must be given to the accused, hence, the accused is entitled to every benefit arising due to lacunae in the prosecution case," the court said.
According to the prosecution, the incident took place on April 28, 2020. The complainant, Zulfikar alleged that he was threatened and shot at outside his house in the Noor-e-Illahi area. Following the incident, an FIR was filed in at the Bhajanpura police station. Charges were subsequently framed against Suhail under Section 307 of the Indian Penal Code for attempt to murder, along with relevant sections of the Arms Act.
The court noted that both the complainant and two eyewitnesses failed to identify Suhail during the proceedings. They also failed to identify the weapons recovered by the police. These made a "huge dent in the case of the prosecution", the court said.
"This court has no hesitation in holding that the prosecution has miserably failed to prove its case against the accused beyond all reasonable doubts and to bring his act and conduct within the four corners of the said provisions of law constituting any of such offence or within legal ambit which would warrant his conviction and punishment in the present case," the judge said.
The court noted that since public witnesses turned hostile and could not identify the accused, it would not be prudent to convict the accused solely based on the testimonies of police officials. PTI SKM SKM AKY
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