New Delhi, March 19 A Delhi court has acquitted a man accused of attempting to murder a shop owner, stating that the prosecution failed to establish his identity as the assailant after key witnesses turned hostile and did not support the case.
Additional Sessions Judge Kumar Rajat was hearing a case against Javed alias Jabir, who was accused in a case registered at the Nand Nagri police station under IPC sections 307 (attempt to murder), 506 (punishment for criminal intimidation) and 34 (common intention).
In an order dated March 16, the court said, “In the totality of the circumstances brought on record by way of evidence, it is observed that the prosecution has failed to prove its case beyond a reasonable doubt against the accused Javed alias Jabir alias Raja qua offence punishable under Section 307, 506, 34 IPC.”
Rajat was arrested following a complaint filed by Mohammad Faizan, who alleged that he was attacked outside his shop in northeast Delhi’s Sunder Nagri by the accused and two juveniles on May 29, 2024, using a pointed object and a belt following a dispute over payment for food.
However, during the trial, the complainant and an eyewitness failed to identify the accused in court and did not support the prosecution’s version.
The court noted that the injured witness stated he could not see the faces of the assailants due to the darkness and also failed to identify the alleged weapon. Similarly, the eyewitness testified that he did not see who had assaulted the victim, further weakening the prosecution’s case.
Both witnesses were declared hostile and they denied key portions of their earlier statements to the police, the court observed.
“The prosecution case is weak after the testimonies of prosecution witness 1 (PW1) and prosecution witness 2 (PW2) and foundational facts have not been laid, so the defence of the accused is not material particularly when none of the public witnesses has identified accused during their testimony as the person involved in the crime,” the judge said.
The court also found that the alleged recovery of the weapon was unreliable as it was made from an open place accessible to all and was not supported by any independent public witness.
Further, the forensic evidence did not aid the prosecution as the DNA profile could not be generated from the blood samples due to degradation.
The court also noted that the medical opinion described the injuries suffered by the complainant as simple in nature.
“In the absence of identification of the accused and reliable corroborative evidence, the prosecution has failed to prove its case beyond reasonable doubt,” the court said.
Granting the benefit of doubt, the court acquitted the accused of all charges, including attempt to murder and criminal intimidation.