New Delhi, Sep 15 (IANS) Observing that the prosecution has not been able to prove its case against two men, accused in a Delhi riots case, beyond a reasonable doubt, a Delhi court said the testimony of the witnesses does not inspire it to conclude the case against them and acquitted the duo.
Judge Amitabh Rawat of Karkardooma court was dealing with the case against the accused persons — Yogender Singh and Suraj, who were on trial for offences under various sections of IPC for rioting, vandalising property, and unlawful assembly.
In the recent order, the court also noted that on the cumulative reading of the entire testimonies of all the witnesses, the presence of accused persons in the unlawful assembly on the time and place of incident and their participation in the act of rioting, mischief and burning of house of complainant Shamshad is not established at all.
“Prosecution has not been able to prove its case against both the accused persons beyond reasonable doubt which is the touchstone of criminal law,” read the judgement.
The testimony of a prosecution witness regarding Section 188 IPC is not sufficient as firstly, the presence of the accused persons is not established, and secondly, no charges were framed and even the testimony has not come from the concerned authority who allegedly gave the written permission under Section 195 Cr.P.C, the order said.
“Hence, both the accused persons namely Yogender Singh and Suraj are acquitted of all the offences punishable under Section 147/427/436 IPC read with Section 149 IPC,” it added.
–IANS
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