New Delhi, Jun 1 A Delhi court has acquitted a man accused of being part of a group involved in a 2021 firing incident in Badarpur that left a head constable and a civilian injured, observing that the prosecution has failed to establish his presence at the scene.
Additional Sessions Judge Sheetal Chaudhary Pradhan was hearing a case against Sujeet, who was accused under charges of attempt to murder, and obstructing, assaulting and deterring a public servant from discharge of duty.
In an order dated May 25, the court said, "The name of accused Sujeet was only disclosed to the investigating officer by CCLs (juveniles) during their disclosure statement. However, the investigating officer failed to even get a TIP (Test Identification Parade) proceeding conducted of the accused. The presence of the accused at the spot could not be established by any of the witnesses."
According to the prosecution, Sujeet was arrested in connection with a case which involved some juveniles firing upon a police team in Badarpur on November 6, 2021. The police had reached the spot after receiving information about a quarrel.
The prosecution alleged that Sujeet was accompanying the juvenile offenders and shared common intent in the commission of the offence.
However, the judge observed that Sujeet's test identification parade was not conducted during the investigation and that not even the constable who was allegedly present at the spot identified him.
The court further noted that the injured witness neither named nor identified Sujeet and did not attribute any role to him in the firing incident.
"There is no allegation against accused Sujeet to have fired the bullet towards the complainant or that he obstructed the prosecution witness during the discharge of his duty or that the accused was carrying any firearm with him," the court said.
The court noted that no recovery was made from Sujeet and the alleged weapon was recovered from the possession of the juvenile co-accused. It further noted the absence of independent public witnesses supporting the prosecution case.
The court also held that the testimonies of the injured witnesses did not inspire confidence about Sujeet's involvement in the incident.
"In the present facts and circumstances, and after perusing the testimony of witnesses, the evidence available on record, the guilt of the accused is not beyond reasonable doubt," the judge said.
The court concluded that the prosecution failed to prove its case beyond reasonable doubt and acquitted Sujeet of all charges.
