New Delhi: A court here has acquitted a man of the charge of robbing cash and jewellery from two men at gunpoint in 2017, saying the testimonies of the witnesses were insufficient to prove the guilt. The court also said that in criminal cases, a golden thread in the administration of justice was if two views were possible on the evidence submitted, one pointing to the guilt of the accused, and the other, towards the accused's innocence, then the view which was more favourable to the accused must be accepted.
The court was hearing a case against Aas Mohammed, who allegedly robbed cash and jewellery at gunpoint from Kunal Goyal and Vikas near a restaurant in Rohini Sector 7 on June 5, 2017. I am of the view that the prosecution has failed to establish the circumstances in which the accused is alleged to have committed the offence, Additional Sessions Judge Kiran Gupta said in a recent order.
The testimony of the witnesses examined by the prosecution is insufficient to prove the involvement of the accused in the incident, the judge added. The judge further said as the prosecution has failed to bring home the guilt of the accused, he is hereby acquitted of the charge for the commission of offences punishable. The court noted that the only evidence against the accused was his identification by the complainants.
The court, however, had to be careful in accepting their identification because the alleged incident occurred at night and complainant Vikas had failed to identify the accused during the test identification parade (TIP) proceedings, the judge said. There were also material contradictions in the testimonies of the complainants regarding the initial complaint on the basis of which, the present FIR was registered, the court said.
Further, the testimonies of both the witnesses were without direct or circumstantial corroboration and the prosecution had failed to bring on record any other evidence, either oral or documentary, to prove the allegations against the accused, the court said. The burden of proving its case beyond all reasonable doubt lies on the prosecution and it never shifts, the court said, adding, It is settled law that if two views are possible, then the view which favours the accused should be adopted. North Rohini police station had filed a charge sheet against the accused under various sections of the Indian Penal Code (IPC), including, punishment for robbery and robbery or dacoity, with attempt to cause death or grievous hurt along the relevant provisions of the Arms Act. (PTI)
