New Delhi, Jan 19 (PTI) A Delhi court has acquitted a man accused of attempting to kill his wife, holding that the prosecution had failed to prove its case beyond reasonable doubt and that mere suspicion
of the deceased's alleged infidelity was not sufficient.
Additional Sessions Judge Samar Vishal flagged the gaps in the prosecution's case and said suspicion, however strong, cannot take the place of proof.
The prosecution had alleged that accused Shiv Kumar had assaulted his wife, Saraswati, and inflicted stab injuries on her on August 3, 2019, following frequent quarrels arising out of his suspicion that she was involved in an extramarital relationship with a neighbour.
The accused's sons and daughters-in-law had allegedly reached the spot on hearing the commotion and managed to snatch the weapon from him.
The investigating officer (IO) had seized a paper cutter, which was alleged to have been used in the assault according to the accused's son, Manoj Kumar. The IO had also found that the accused, in an attempt to flee, had jumped from the house and injured his leg.
The court also pointed out contradictions in the testimonies of the prosecution witnesses. The alleged victim of the attack, Saraswati, was a key witness in the case. However, she retracted her statement given to police that implicated her husband for being responsible for the injuries. She gave an entirely different version in front of the court, suggesting that her injuries were accidental.
"It appears that she has chosen to shield the accused, most likely on account of the marital relationship between them," the court said in its judgment dated January 17.
Other witnesses, such as the son of the accused and the neighbours of the couple, also turned hostile and retracted their earlier statements given to police. They came up with an entirely new version before the court.
"Considering the nature and quality of the testimonies of the public witnesses already examined, I find that the very substratum of the prosecution case has fallen apart. The injured witness herself has not supported the prosecution version and the material public witness has also turned completely hostile, offering no incriminating evidence against the accused," the judge said.
The court noted that the testimonies of police officials and formal witnesses were no longer fruitful as those would be "merely procedural in nature".
It also noted that the prosecution had failed to link the medical evidence with the acts of the accused, especially in the absence of a reliable eyewitness testimony.
The prosecution had claimed that the motive for the crime stemmed from the accused's belief that his wife was unfaithful to him. The court, however, observed that motive alone, even if assumed to be true, could not substitute proof.
"I am mindful of the fact that in matrimonial relationships, victims sometimes resile due to emotional, social or economic compulsions.
"However, while the court is sensitive to such realities, it cannot convict a person on conjectures or moral presumptions. The constitutional mandate and criminal law require that guilt must be proved through cogent, credible and trustworthy evidence. Suspicion, however strong, cannot take the place of proof," the judge said.
Granting the accused the benefit of the doubt, the court ordered his acquittal of the charge of attempt to murder under section 307 of the Indian Penal Code. PTI MDB RC
