New Delhi, Jan 29 (IANS) Protecting an accused’s right to speedy justice, a Delhi court has acquitted a theft accused, observing that the complainant failed to testify in court and the witnesses did not support the prosecution case.

“Complainant Kamal Das was summoned on several occasions, since the framing of the charge, but he could not be traced,” said Metropolitan Magistrate Shuchi Laler, while acquitting Pankaj Sharma.

“In the opinion of the court, this is a fit case to close evidence and acquit the accused today itself so as to protect his right of speedy justice,” said the magistrate.

“In the absence of the testimony of complainant Kamal Das and witnesses Tilak Raj and Harender not supporting the case of the prosecution, the court needs to protect the right of the accused to have speedy justice and acquits the accused forthwith as there is nothing incriminating against the accused on record,” the court said, in an order made available Saturday.

According to the prosecution, Das lodged a case against Sharma alleging that he committed trespass in order to commit a theft of a mobile phone in the shop of his employer Tilak Raj at Jwala Nagar Chowk in east Delhi.

“The accused committed theft of mobile phone belonging to the owner of the shop, Tilak Raj, on Aug 20, 2006 and it was recovered from the accused,” the prosecution said.

The charge against the accused was framed June 4, 2009. The prosecution submitted a list of four witness to support its case. Two witnesses failed to identify the accused.

The court also considered Raj’s statement Jan 12 that Das had left the job at his shop and his whereabouts were not known.