Court acquits youth after six years as cops fail to prove crime

Sumit Saxena, Hindustan Times, Email Author, New Delhi, November 08, 2010

 

In yet another incident of policemen fabricating a case, a youth faced a six-year-long trial for possessing a knife, a crime that was never proven. The court termed the case a “cooked-up” story, as the policemen could not prove that the knife was recovered in their presence. Metropolitan magistrate Lokesh Kumar Sharma was in for surprise as policemen, who recorded their statement in the case, were giving different versions of the incident and were never consistent. 

The court observed that the weapon could have been allegedly planted on the accused.

Moreover, the lack of documented facts in records raised suspicion about the circumstances under which the police registered an FIR against the accused.

According to the prosecution, around 4.30 pm on April 28, 2004 at Shyam Lal College, which falls under the jurisdiction of Shahdara police station, Suhail was held with a 24-cm-long knife. The weapon was found to be in his possession without a license or permit in contravention of a notification issued by the Delhi administration. Subsequently, he was booked under Section 25 of the Arms Act. 

The judge said, “The prosecution has failed to bring any such material on record, which would have gone to establish the guilt of the accused beyond reasonable doubt, holding him guilty for the offence alleged to have been committed by him, resulting in his conviction and sentence.”

The court also noted that the policemen deposed that they had asked public persons (eye witnesses present in a case of recovery at a public place) to join the investigation, but the latter had refused. Despite that no written notice was issued to those who refused to join the investigation.

Source: http://www.hindustantimes.com/tabloid-news/newdelhi/Court-acquits-youth-after-six-years-as-cops-fail-to-prove-crime/Article1-623655.aspx