In a recent ruling, a local court has acquitted a woman who was charged under the Arms Act for allegedly possessing two live cartridges in her bag at Seelampur Metro Station. The court cited the possibility of her “false implication” and the prosecution’s failure to establish the allegations beyond a reasonable doubt.
The case was presided over by Additional Chief Metropolitan Magistrate (ACMM) Aashish Gupta, who examined the evidence against the accused, Ritika. The prosecution claimed that the cartridges were discovered during a routine bag check at the metro station on November 15, 2021.
In his judgment issued on Monday, ACMM Gupta stated, “Considering the possibility of the accused being falsely implicated and the prosecution’s failure to prove the charges beyond a reasonable doubt, the accused is acquitted of the offense under section 25 of the Arms Act.” Section 25 of the Act outlines punishments of varying durations for various offenses, including the possession or acquisition of unlicensed firearms or ammunition.
The court pointed out that the inscription “.315” was present on one cartridge, indicating its caliber, but was absent on the other. This raised suspicions of possible tampering or planting of evidence during the handling of the case property by the Forensic Science Laboratory (FSL) or at other stages. The discrepancies between the seized cartridges and those presented in court cast significant doubt on the reliability of the prosecution’s version.
Furthermore, the court observed that no genuine effort was made by the police to involve independent public witnesses in the investigation, which raised serious concerns about the fairness of the process.
Acknowledging the defense counsel’s argument that the accused was carrying a backpack and that the ammunition could have been placed inside by an unidentified person during her entry into the station, the court noted that the investigating officer accepted this possibility. The court emphasized that the prosecution’s case contained significant loopholes that undermined its foundation, and any gaps in the investigation should benefit the accused.
The accused had been charged in an FIR registered at the Shashtri Park Metro police station.
(With PTI inputs)
