New Delhi, Sep 20 (PTI) A court here has acquitted a man of attempt to murder charge, saying as the public witnesses, including the victim, failed to identify him and so he was entitled to benefit of doubt.
It also observed that the testimonies of the witnesses, who turned hostile, were unreliable and the prosecution had failed to prove the charges.
Additional Sessions Judge Kumar Rajat was hearing the case against Nafees alias Babu against whom the New Seemapuri police had registered a case under Indian Penal Code (IPC) sections 307 (attempt to murder), 342 (wrongful confinement) and 323 (voluntarily causing hurt).
According to the prosecution, Nafees inflicted grievous knife injuries on his friend Ali Hasan, besides beating and wrongfully confining the injured’s sister Mukhtarun on October 15, 2020.
Amicus Curiae for the accused, advocate Manish Bhadauria said all the public witnesses, including the complainant and the injured, did not support the prosecution’s case about identifying the accused.
"The medico-legal case (MLC) of the injured persons is inconsequential and nothing is proved from the evidence of police witnesses as they had investigated what was told by the public persons and injured, who have turned hostile and the accused has been arrested and falsely implicated under the pressure of senior police officials on the basis of workout theory of the case," Bhadauria said.
In its verdict dated September 10, the court said the victim's two sisters, injured Ali Hasan and his wife failed to identify Nafees as the person who committed the crime.
It said there were "material omissions, improvements, variations and contradictions" in their testimonies as compared to their previous statements in the initial complaint and so they were unreliable witnesses.
"In the totality of the circumstances brought on record by way of evidence, it is observed that the prosecution has failed to prove its case beyond reasonable doubt against the accused Nafees.
Thus, the benefit of doubt is given to the accused," the court said acquitting him.