NewsClick

NewsClick
  • हिन्दी
  • Politics
  • Economy
  • Covid-19
  • Science
  • Culture
  • India
  • International
  • Sports
  • Articles
  • Videos
search
menu

INTERACTIVE ELECTION MAPS

image/svg+xml
  • All Articles
  • Newsclick Articles
  • All Videos
  • Newsclick Videos
  • हिन्दी
  • Politics
  • Economy
  • Science
  • Culture
  • India
  • Sports
  • International
  • Africa
  • Latin America
  • Palestine
  • Nepal
  • Pakistan
  • Sri Lanka
  • US
  • West Asia
About us
Subscribe
Follow us Facebook - Newsclick Twitter - Newsclick RSS - Newsclick
close menu
×
For latest updates on nCOVID-19 around the world visit our INTERACTIVE COVID MAP
Politics
India

Delhi Riots: ‘Presumption Can’t be Stretched to Take Shape of Proof,’ Court Discharges Two from Attempt to Murder

The court quoted Dostoevsky, saying: ‘From a hundred rabbits you can't make a horse, a hundred suspicion don't make a proof.’
PTI
02 Mar 2021
Delhi Riots

New Delhi, Mar 2: “From a hundred rabbits you can't make a horse, a hundred suspicion don't make a proof”, a Delhi court quoted from the Russian classic “Crime and Punishment” while discharging two accused from the offence of attempt to murder in a north-east Delhi riots case.

The court asked how a case of attempt to murder can be made out against them when the victim himself was absent from the police investigation and has never been seen by the police.

It said there was no statement on record by the victim about his gun-shot injury or about any mob or rioters.

“That being the case, who is going to say that who shot whom and by whom and where,” said Additional Sessions Judge Amitabh Rawat while discharging Imran and Babu from the offences under sections 307 (attempt to murder) of the Indian Penal Code and the Arms Act in a case in which one Rahul had allegedly received gun-shot injuries during the riots in Welcome area.

The court, however, said there was ground for presuming that both the accused persons have committed the offences of unlawful assembly and rioting and transferred the case back to a magistrate court as the offences were not exclusively to be trialled by the sessions court.

Noting the prosecution's submissions that the accused persons were part of the rioting mob and thus it was presumed that they allegedly committed the offence of attempt to murder, the court said presumption cannot be stretched to take the shape of proof.

“The criminal jurisprudence says that there must be some material against the accused persons to frame a charge. Presumption can't be stretched to take the shape of proof/evidence. The charge-sheet depicts nothing for charging them under section 307 IPC or Arms Act.”

“(Fyodor) Dostoevsky in, 'Crime and Punishment' says 'From a hundred rabbits you can't make a horse, a hundred suspicion don't make a proof'.  Thus, both the accused persons are discharged of the offences under Section 307 IPC & Arms Act,” the court said in its order passed on Monday.

It further said the police have, after a long investigation, concluded that the Rahul, who is stated to have been shot by the mob/rioters comprising the accused persons, had given a wrong address as also a wrong mobile phone number in his Medico Legal Case (MLC).

“The gunshot injury is stated to be caused to Rahul but where is he. His statement is not on record... So by the time 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 that who shot whom and by whom and where. The alleged victim has never been seen by the police. He has never given any statement about any gunshot injury or about any mob/rioters. So how is Section 307 IPC made out against the accused persons when the victim is absent from even the police investigation. How is the gunshot injury established. There is no murmur of that,” it noted.

It said there was only one police witness, Constable Pushkar, but even he did not make any direct or even tangential reference to the firing by rioters or gunshot injury caused to alleged victim Rahul or even to the accused persons firing causing injury to the victim. 

“With the case of the prosecution as it is, Section 307 IPC is out of bounds. With nothing in the charge-sheet to dig in, no case under Section 307 IPC is made out and there is no ground for presuming that these two accused persons have committed the offence of attempt to murder as defined under Section 307 IPC,” it added.

It further noted that even charging of accused persons under Arms Act has to be met disapprovingly as there was no recovery of ammunition or cartridge causing injury to the alleged victim.

Communal violence had broken out in North-East Delhi on February 24 last year after clashes spiralled out of control leaving at least 53 people dead and around 200 injured.

Get the latest reports & analysis with people's perspective on Protests, movements & deep analytical videos, discussions of the current affairs in your Telegram app. Subscribe to NewsClick's Telegram channel & get Real-Time updates on stories, as they get published on our website.
Delhi riots
Delhi Violence
Delhi Court
North east delhi
Related Stories
Delhi court takes humanitarian approach, grants bail to woman incarcerated with toddler

Delhi Court Takes Humanitarian Approach, Grants Bail to Woman Incarcerated with Toddler

Delhi Riots: Son Languishing in Jail for Over a Year, Mother Forced to Beg for Survival

Delhi Riots: Son Languishing in Jail for Over a Year, Mother Forced to Beg for Survival

Kapil Mishra and Delhi Riots

Why Police Report Doesn’t Mention Kapil Mishra’s Speech in Delhi Riots Chargeesheet

Delhi Riots

Delhi Riots: Bail Orders Narrate a Saga of ‘Doubtful’ Witnesses, ‘Concocted’ Evidence

Delhi Riots

Delhi Riots: A Year Later, No Breakthrough in Six Murder Cases

deli riots

Four Accused in Delhi Riots Case Released on Bail; Court Points to Failure of Eyewitness-Police Constable to make DD Entry or Call PCR Van

JNU Natasha NArwal

Delhi HC asks JNU to Respond to Narwal’s Plea for Permission to Provisionally Register for PhD Third Semester

mehmud pracha

Court Stays Operation of Search Warrant Against Delhi Riots Advocate Mehmood Pracha

Delhi riots 1 year

Delhi Riots: No Justice, a Year Later

Delhi Riots One Year

Delhi Riots: One Year Later, Injustice Continues

Share on FacebookShare on TwitterShare on WhatsAppShare via EmailShare on RedditShare on KindlePrint
Share
Share on FacebookShare on TwitterShare on WhatsAppShare via EmailShare on RedditShare on KindlePrint
Share

Related Stories

Sabrang India

Delhi violence: Court grants stay in trial of case where complainant is also accused

08 April 2021
A Delhi court has stayed the proceedings of a case where the police had clubbed a complaint about alleged arson and looting of a man’s house during
The Leaflet

Delhi Riots Accused Granted Bail After Court Doubts Credibility of Police Witnesses

07 April 2021
A delhi court Monday granted bail to an accused in a Delhi riots case doubting the credibility of the statements of two police con
Jasvinder Sidhu

Are Armed Policemen Playing Ghost Assailant Against Dissidents?

06 April 2021
Conceal the mandatory nametags, hide the name of the unit under riot-gear, cover the face with a handkerchief, deactivate protesters wh

Pagination

  • Next page ››

More

  • Industrial Production

    Industrial Production Contracts 3.6% in February, No Let-Up in Economic Slump

  • Ghazipur Border: Protesting Farmers to Celebrate Baisakhi Tomorrow, Samvidan Bachao Divas on Wednesday

    Ghazipur Border: Protesting Farmers to Celebrate Baisakhi Tomorrow, Samvidan Bachao Divas on Wednesday

  • KTK Transport Strike

    Karnataka: ‘Thaalis Banged’ on Sixth Day of KSRTC Workers Strike

  • Bihar health Infrasturucte

    Bihar: Healthcare Infrastructure Remains Poor Despite Rising COVID-19 Cases

  • Load More
Subscribe
connect with
about