Court acquits man, blames shoddy probe

Krishna pleaded not guilty and claimed that he was falsely implicated.

By: Express News Service | New Delhi | Published: September 2, 2014 2:23 am

A Delhi court, while acquitting a man of murder, has pulled up the Delhi Police over shoddy probe and observed that such investigations have led to killers going “unpunished”.

“It is unfortunate that senseless killing of a human being is going unpunished. But on the basis of such a shoddy investigation and unreliable testimony of the alleged eyewitnesses, conviction cannot be brought on the accused,” Additional Sessions Judge Girish Kathpalia said.

The court’s observation came while acquitting Jangpura resident Krishan of the charge of murder and under provisions of the Arms Act on the ground that ocular evidence cannot be used to convict a person for such serious offences.

“The investigation in this case has not been from crime to criminal but from criminal to crime, in the sense that first the alleged criminals were apprehended and then the entire investigation exercise was carried out in order to somehow connect them with the crime,” the court said.

Finding several discrepancies in the investigation, the court also questioned the unexplained delay of over five hours in registration of the complaint. The court has observed that forensic reports and the weapon recovered could not be connect Krishan to the case.

According to police, an FIR was lodged on March 11, 2009 on Bulandshahar resident Siraj Ahmad’s complaint alleging that four persons, who were playing Holi near a hospital in South Delhi’s Khizrabad area, had an altercation over putting colour on him and his wife during which one of them stabbed his associate Raisuddin leading to his death.

Police, on a tip-off, arrested Krishna and three juveniles. Krishan was charged for the offence of murder with common intention under Section 302/34 of IPC and the Arms Act.

Krishna pleaded not guilty and claimed that he was falsely implicated.

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