New Delhi: More than 14 years after seven people were accused of committing a dacoity, a court here has acquitted the suspects extending them the benefit of doubt. Additional Sessions Judge Virender Kumar Kharta was hearing the case against the seven men against whom Paharaganj police station had filed a charge sheet under sections 395 (dacoity) and 120B (criminal conspiracy) of the Indian Penal Code (IPC).
According to the prosecution, the accused persons committed a dacoity of Rs 27 lakh on July 2, 2010. In its 51-page verdict dated November 11, the court said the three eyewitnesses, including the victim, said they could not identify any of the accused because the assailants had put on helmets while committing dacoity.
"Since all the three alleged eyewitnesses have turned hostile on the identity of accused persons, their testimonies do not have any evidentiary value qua accused persons," the court said.
It said the prosecution's case was "doubtful" as the investigating officer (IO) failed to collect CCTV footage or any independent evidence against the accused.
The court said the three eyewitnesses had narrated different versions of the incident, which again raised doubts. It said that recovery of the case property was also doubtful as no independent witnesses were joined, nor was the identity of the recovered currency notes established by the investigating officer (IO).
The prosecution also could not establish that a deadly weapon was used in the alleged offence, the court said. It said the testimonies of the eyewitnesses were not of a "sterling quality", nor were the testimonies corroborated by material evidence.
"It is an established principle of law that if two views are possible, the view favourable to the accused must be accepted. The benefit of doubt must always go to the accused as the prosecution has to prove the case beyond a reasonable doubt," the court said. "Accused persons namely Joginder, Ashok, Kapil, Kishan, Mohnish, Dharmender and Deepak Sonkar are hereby acquitted," the court said.
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