Court acquits two men in murder case, slams police for falsely implicating them

New Delhi: A Delhi court has acquitted two men in a murder and sexual assault case and ordered an inquiry against erring cops, the deceased's mother, friend and a senior scientific officer. The investigating agency "maliciously'' converted a case of suicide into a culpable homicide amounting to murder, Additional Sessions Judge Navjeet Budhiraja said while acquitting the men.

According to the police, a 17-year-old girl was gunned down and sexually assaulted in a car by two men in December 2016. The prosecution had relied upon the statements of 41 witnesses.

"I would be failing in my duty if I chose to shut my eyes as regards to the gross misconduct on part of the investigating agency, which has acted maliciously by converting the case of suicide into that of culpable homicide amounting to murder and falsely implicating the accused persons," the judgment dated October 29 read.

The judge recommended the initiation of departmental inquiry against two police officials. He said that the former in-charge of the case registered a concocted FIR in connivance with family members of the deceased.

"I also feel compelled to initiate inquiry against mother of the deceased victim, friend of the deceased victim and Dr Sarabjeet Singh, Senior Scientific Officer (Biology), FSL Rohini under section 340 CrPC for malicious prosecution and false deposition in the present case," he said.

ASJ Budhiraja said there was ample material in the form of delay in registration of FIR, tainted testimony of eyewitnesses, and medical and FSL reports being contrary to the version of all eyewitnesses, which suggest their involvement in setting up a false case against the accused in connivance with the family members of the deceased victim.