Two accused of killing man freed by court
19 Oct 2012 2:54 AM GMT
Two persons accused of killing a man while trying to rob his car have been acquitted by a Delhi court on the ground that the prosecution ‘utterly failed’ to establish the complete chain of circumstances in the case.
Additional Sessions Judge Suresh Chand Rajan freed Deepak Verma and Sher Singh saying ‘benefit of doubt’ needs to be given to the duo since the prosecution failed to prove its case against them.
‘I am of the opinion that the prosecution could not establish the complete chain of circumstances in this case, while it is well settled principle of law that in a case of circumstantial evidence each and every circumstance has to be proved by the prosecution by leading legal, reliable and unimpeachable evidence.
‘But I did not find any legal, reliable and unimpeachable evidence in this case. I am unhesitatingly of the opinion that the prosecution has utterly failed in proving such chain of circumstantial evidence as would fasten the guilt on the accused persons leaving no room for doubt,’ the judge said.
The prosecution case is dated back to June 2009, when Manish Arora lodged a complaint with the police that his younger brother Rajnish was taken to Mata Chanan Devi Hospital here where doctors declared him brought dead.
Manish had told the police that his brother had called him on the night when the incident had occurred and asked him to pick him up from Dhaula Kuan flyover in south Delhi, where his car had broken down.
“He reached there and found that his brother Rajnish was lying outside his car near rear tyre in pool of blood. He was unconscious,” the prosecution had said.
Additional Sessions Judge Suresh Chand Rajan freed Deepak Verma and Sher Singh saying ‘benefit of doubt’ needs to be given to the duo since the prosecution failed to prove its case against them.
‘I am of the opinion that the prosecution could not establish the complete chain of circumstances in this case, while it is well settled principle of law that in a case of circumstantial evidence each and every circumstance has to be proved by the prosecution by leading legal, reliable and unimpeachable evidence.
‘But I did not find any legal, reliable and unimpeachable evidence in this case. I am unhesitatingly of the opinion that the prosecution has utterly failed in proving such chain of circumstantial evidence as would fasten the guilt on the accused persons leaving no room for doubt,’ the judge said.
The prosecution case is dated back to June 2009, when Manish Arora lodged a complaint with the police that his younger brother Rajnish was taken to Mata Chanan Devi Hospital here where doctors declared him brought dead.
Manish had told the police that his brother had called him on the night when the incident had occurred and asked him to pick him up from Dhaula Kuan flyover in south Delhi, where his car had broken down.
“He reached there and found that his brother Rajnish was lying outside his car near rear tyre in pool of blood. He was unconscious,” the prosecution had said.
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