New Delhi [India], August 23 : Tis Hazari Court has recently acquitted an accused of assaulting an on-duty policeman, giving him the benefit of doubt. The court termed the testimony of the complainant and the fact that the torn uniform of the complainant was not seized by the Investigation Officer (IO). This case pertains to an FIR registered in the Rajouri Garden police station in 2017.
Judicial Magistrate First Class (JMFC) Shashank Nandan Bhatt acquitted the accused Mandeep Singh, pointing out serious doubts about the version narrated by the complainant, ASI Satish Kumar.
While acquitting the accused Mandeep Singh, the court noted that the accused and complainant were not known to each other, but the TIP (identification) was not conducted.
"In the instant matter, as per the prosecution's story, the accused and the complainant were not known to each other prior to the alleged incident, and in such a situation, not conducting the TIP of the accused, hits at the very basis of the prosecution story, more so when there are several other inconsistencies in the prosecution story," JMFC Bhatt pointed out in the order of August 11.
The court further pointed out that the explanation furnished by the IO regarding the identification of the accused by the complainant, who allegedly happened to be present at the police station when the accused was taken there after being arrested, appears to be highly improbable and is contradicted by the testimony of the complainant himself. He stated that he was called by the IO to the police station to identify the accused on October 16, 2017.
The court observed, "Additionally, for reasons best known to the investigating officer, the allegedly torn uniform of the complainant was never recovered in the present matter, which again leaves out the scope of any corroboration of the testimony of the complainant."
"Consequently, accused Mandeep Singh stands acquitted of the accusation of committing the offences punishable under section 186, 353, 332 IPC," the court ordered.
An FIR was registered on October 9, 2017, by the police on the Complaint filed by ASI Satish Kumar.
It was alleged that on October 07, 2017, at about 3:30 PM, at red light of Subhash Nagar turn on Najafgarh road, Rajouri Garden, the accused was driving a scooter and was stopped by ASI Satish Kumar for violating the stop line at the red light and upon being asked to produce his driving license, the accused instead of cooperating with the concerned Police official, abused and physically assaulted him (ASI Satish Kumar), and thereafter, he left his scooter at the spot and fled.
Additional Public Prosecutor (APP) prayed that the accused be convicted in the present case as the testimony of the complainant and other prosecution witnesses has remained unimpeached throughout the trial.
Advocate Deepak Sharma, counsel for the accused, submitted that the entire prosecution's story is full of contradictions and loopholes.
It was also submitted that there is an unexplained delay in the registration of FIR, no public witness has been added to corroborate the version of the complainant (who is himself a police officer), and no TIP of the accused was conducted.
While acquitting the accused, the court pointed out, "In the instant matter, after appreciating all the material evidence on record, in the considered opinion of this court, in light of the unreliable testimony of the complainant ASI Satish Kumar, which is not corroborated by any credible material on record, the unexplained delay in the registration of the FIR and the fact that the TIP was not conducted, the case of the prosecution cannot be regarded to have been proved as per the touchstone of 'beyond reasonable doubt'."