Delhi court acquits 4 in attempt to murder case on unproven charges

A Delhi court has acquitted four people accused of trying to kill a man, saying the prosecution failed to prove the charges against them beyond a reasonable doubt.

Additional Sessions Judge Dhirendra Rana was hearing the case against Parvej, Punit and Vinay, who had been booked under sections 307 (attempt to murder), 323 (voluntarily causing hurt), 506 (criminal intimidation), 341 (wrongful restraint) and 34 (common intention) of the Indian Penal Code.

According to the prosecution, the accused attempted to murder the complainant, Amit, after an altercation on July 5, 2017.

In an order dated June 8, the court said, “In a criminal trial, the onus remains on the prosecution to prove the guilt of the accused beyond all reasonable doubts and the benefit of doubt, if any, must necessarily go in favour of the accused.”

“It is for the prosecution to travel the entire distance from may have to must have. If the prosecution appears to be improbable, lacking credibility, then the benefit of the doubt necessarily has to go to the accused,” it said.

The court said that in the present case, the complainant did not appear before it despite the summons.

“Therefore, the allegations against the accused persons could not be proved as the complainant and the injured have not been examined by the prosecution.

“Other witnesses were official witnesses who participated in the investigation and therefore, their depositions are incapable of proving the allegations against the accused,” it said.

The court acquitted the accused persons, saying the prosecution failed to establish the charges against them beyond a reasonable doubt.

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