With a conviction rate of only 33 per cent in accident cases in orders pronounced in the last three years at district courts Sector 43, a local court yet again acquitted a native of Ludhiana in an accident case here on Friday, as the police was unable to identify the accused.
Gouresh Singla was acquitted, as one of the main prosecution witnesses was not examined during the trial.
In the said case, the four-wheeler had hit a roundabout. The co-passenger sitting in the vehicle was the witness. On January 21, 2014 at about 3.38 am, the police was informed about the accident near Hallomajra Chowk.
Aamya was the complainant in the case, but she didn’t depose before the court to record her statement.
Coming down heavily on the poor police investigations the court observed that the testimony of a police constable was “hearsay” and cannot be relied upon. “Firstly, the first and the foremost ingredient that is required to be proved by the prosecution to prove the offence is the identity of the accused. One of the complainants in the case, constable Jitender Kumar, in his examination in chief clearly identified the accused while in his cross-examination he deposed that he had not seen the person who was driving the car. He further deposed that he reached at the place of occurrence after the accident.”
The court also pointed out that the prosecution had not examined the witness i.e. the injured Aamya. “…meaning thereby, the testimony of the complainant Jitender Kumar is hearsay one and the same cannot be relied upon. Therefore, the identity of the accused does not stand established on the file beyond reasonable doubt,” added the court.
The court further elaborated that when the complainant Aamya had not been examined in the court, then there is link evidence missing against the accused person, thereby distorting the story of the prosecution.