Delay in police complaint lets accused walk freeJune 17th, 2012 - 6:04 pm ICT by IANS
New Delhi, June 17 (IANS) An unexplained delay of 50 days in filing a police complaint and the lack of witnesses led a Delhi court to acquit a couple accused of assaulting and snatching money from their neighbour.
Additional Sessions Judge T.S. Kashyap acquitted Naresh and his wife Rita recently.
The court was hearing a complaint by Ram Saran Singh, the couple’s neighbour in east Delhi’s Khajuri Khas. The alleged incident took place Aug 1, 2008 and a complaint was made to police Sep 20.
“Since Naresh and Rita were not named in the MLC (medico-legal case) as the persons who assaulted Ram Saran Singh, in my considered view it appears that they have been falsely implicated by the complainant and his wife,” the court ruled.
The prosecution could not prove the charge of voluntarily causing hurt and attempt to commit culpable homicide against the couple, the court said.
The complainant alleged he had a quarrel with the accused and they caused grievous injury to him and snatched Rs.2,000 and valuables from him and his wife.
The court was not convinced and said no neighbour testified as witness.
“When no public person or neighbour has supported the testimonies of the complainant, Naresh and Rita are entitled to benefit of doubt and acquittal,” the judge said.
The medical report said the complainant suffered only simple injury.
A police official from Khajuri Khas told IANS that if a first information report (FIR) is registered after a gap of a few days from the date of an incident, it must record the reason for the delay.
“But in this case no specific reason was mentioned for the delay,” he added.
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Tags: acquittal, complainant, culpable homicide, delhi court, east delhi, fir, gap, information report, legal case, medical report, New Delhi, police complaint, police official, prosecution, public person, quarrel, saran, testimonies, valuables, wife rita