Man acquitted of charges of carrying illegal gun
16 Nov 2012 7:11 AM IST
A man facing trial for allegedly possessing an illegal US-made pistol and two live cartridges has been acquitted by a Delhi court on suspicion that the fire arm might have been planted upon him.
The court acquitted Delhi resident Madhava of the charges under the Arms Act by giving benefit of doubt to the accused saying there were ‘doubts and unexplained holes’ in the prosecution story.
‘In my opinion....it can be safely concluded that the prosecution has failed to prove that the accused was caught with an illegal weapon on the date of question, which failure has resulted in demolition of the case of the prosecution in respect of charge under the provisions of the Arms Act.
‘There do exist doubts and unexplained holes in the prosecution story and as such accused is given benefit of doubt and is hereby acquitted of the charges framed against him,’ Metropolitan Magistrate Naveen K Kashyap said.
According to the prosecution, Madhava was caught by police with an illegal, US-made pistol and two live cartridges near a private school in Patparganj area in East Delhi in May 2009 on a tip-off.
The court also raised doubts over the seal which was put over the seized gun and cartridges as it (seal) was later handed over to one the officer who was a member of the police raiding party.
‘Such material witness of a case is always interested in the success of the case of the prosecution and keeping in view this fact, the chances of fabrication and planting of the case property cannot be ruled out beyond reasonable doubt, particularly, when nothing has been deposed by such recovery witnesses as to what happened to the said seal once it was handed over to one of the police official,’ the court said.
The court acquitted Delhi resident Madhava of the charges under the Arms Act by giving benefit of doubt to the accused saying there were ‘doubts and unexplained holes’ in the prosecution story.
‘In my opinion....it can be safely concluded that the prosecution has failed to prove that the accused was caught with an illegal weapon on the date of question, which failure has resulted in demolition of the case of the prosecution in respect of charge under the provisions of the Arms Act.
‘There do exist doubts and unexplained holes in the prosecution story and as such accused is given benefit of doubt and is hereby acquitted of the charges framed against him,’ Metropolitan Magistrate Naveen K Kashyap said.
According to the prosecution, Madhava was caught by police with an illegal, US-made pistol and two live cartridges near a private school in Patparganj area in East Delhi in May 2009 on a tip-off.
The court also raised doubts over the seal which was put over the seized gun and cartridges as it (seal) was later handed over to one the officer who was a member of the police raiding party.
‘Such material witness of a case is always interested in the success of the case of the prosecution and keeping in view this fact, the chances of fabrication and planting of the case property cannot be ruled out beyond reasonable doubt, particularly, when nothing has been deposed by such recovery witnesses as to what happened to the said seal once it was handed over to one of the police official,’ the court said.
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