Delhi riots: Can’t make a horse from 100 rabbits and 100 suspicions do not make a proof says court
New Delhi, Mar 03: You cannot make a horse from a 100 rabbits and a 100 suspicions do not make a proof.
Additional sessions judge Amitabh Rawat discharged two men from the charge of attempt to murder in a north-east Delhi violence case, while quoting the above lines from Russian author Fyodor Dostoevsky's novel, 'Crime and Punishment.'
Both the accused persons are discharged of the offences under Section 307 of the Indian Penal Code and Arms Act.
The prosecution had wanted framing of charges against Babu and Imran for being members of an unlawful assembly which was armed with weapons during the riots on February 25 2020 near Maujpur.
The prosecution argued that despite being warned to leave the place, they refused to by flouting prohibitory orders.
When the court enquired if the offences were the reason why the accused were before it, the prosecution denied it and said that they had committed their act with the intention or knowledge to cause of a gunshot victim.
The gunshot injury is. stated to be caused to Rahul, but where is he. His statement is not on record, the court said. The police had after carrying out investigation, concluded that Rahul had given a wrong address and wrong mobile number.
"So, by the time, the police arrived at the hospital, the alleged victim, Rahul, had vanished. It is not as if Rahul gave any initial statement and then vanished. The state is categorical in saying that the police never saw Rahul. That being the case, who is going to say who shot whom and by whom and where? The alleged victim has never been seen by the police," judge Rawat observed.
"How is the gunshot injury established? There is no murmur of that," the court said. The court then transferred the case back to the magistrate court as the two men were charged for other offences triable by the magistrate's court.