New Delhi, May 5 A Delhi court has acquitted a man of the charge of attempting to murder a police constable, saying scientific evidence did not support the prosecution's claim that he tried to fire a weapon at the policeman during a chase.
However, the court convicted the accused for illegal possession of a firearm and ammunition under the Arms Act.
Additional Sessions Judge Harvinder Singh was hearing a case against Anwar, accused of possessing a firearm and firing it at a constable, and noted a significant discrepancy between the oral testimony of the police and the physical evidence.
In an order passed on Monday, the court said, “Accused person namely Anwar stands convicted for offence punishable under Section 25 of Arms Act. However, the accused stands acquitted for offence punishable under Section 307 IPC read with Section 34 IPC and for offence punishable under Section 27 of Arms Act.”
According to the prosecution, on April 7, 2018, police spotted three individuals with a motorcycle near the MCD office in Shahdara. While two suspects fled, Anwar was apprehended after a pursuit. It was alleged that Anwar pointed a country-made pistol at a constable and pulled the trigger, but the weapon failed to fire due to a defect.
The court, however, observed that an inspection of the recovered cartridge revealed no hammer marks, the physical indentation that would have been present if the trigger had been pulled.
"Had the accused pulled the trigger to fire it upon the police personnel, it would have then at least left some hammer mark upon the cartridge," the judge observed.
The court further pointed out that the Forensic Science Laboratory (FSL) had found the weapon to be in "perfect working condition", which contradicted the police's claim that the gun failed to fire because of a defect.
"In given circumstances, the deposition of the witness (constable) that the accused tried to commit his murder with the firearm recovered from his possession appears to be doubtful," the court said while acquitting Anwar of the charge under Section 307 (attempt to murder) of the IPC.
The court also dropped charges under IPC Section 482 (using a false property mark), citing the principle of double jeopardy, as the accused had already been tried and acquitted for the same offense in a lower court.
The court, however, held Anwar guilty under Section 25 of the Arms Act for the illegal possession of the firearm and ammunition. It will hear arguments on the quantum of sentence on a later date.
