Court slams Haryana Police for shoddy investigation

Acquits all 5 accused,says ‘prosecution has miserably failed to prove its case’

Written by RAGHAV OHRI | Chandigarh | Published: October 24, 2012 2:26:26 am

Acquits all 5 accused,says ‘prosecution has miserably failed to prove its case’

Thanks to the “ignorance” of Haryana Police officers and not following the proper procedure to conduct investigation in the infamous highway robbery case,all the five accused have been acquitted by a Panchkula court.

In its judgment,made available on Tuesday,the Additional District and Sessions Judge,Panchkula,has highlighted how because of the Haryana Police,all the five accused had to be acquitted. Consider this: the Haryana Police did not bring in any independent witness during “recovery”. To top it all,its own police officers expressed “ignorance” about facts of the case while deposing before the court.

The five accused were charged with having kidnapped the complainant,his son and mother on the highway and for committing robbery and dacoity. They were also charged with taking away the car of the complainant,criminal intimidation and wrongful confinement of the complainant and his family members. The accused were also accused of having a revolver and live cartridges without any permit or licence during the commission of offence on April 24,2009.

A Panchkula court acquitted the five accused a fortnight back. Those acquitted are Jaipal,Rajeev,Chandprakash,Ramandeep and Bhupender Singh. Jaipal is the son of a Punjab Police Inspector.

All the witnesses involved in the case turned hostile in the court and refused to identify the accused. “The prosecution has miserably failed to prove its case against the accused beyond reasonable shadow of doubt,” reads the 21-page judgment.

Elaborating,the judge has held that “all the prosecution witnesses who were the most material witnesses when examined in the court failed to identify the accused persons,thereby the identity of the accused persons has not been established beyond reasonable doubt and prosecution case has become doubtful… As per recovery memo,the ATM card was said to have been recovered from the residential HUDA sector of Kurukshetra,still non-joining of independent witness raises doubt about the said recovery”.

The judgment reads that “two identification memos are contradictory regarding the identity of the accused and this in turn raises doubt about the involvement of the accused and case of the prosecution”.

Commenting on the “recovery” of arms and ammunition,the court has held that “as far as recovery of arms and ammunition from the accused persons is concerned,it is evident that no arm or ammunition was recovered from the accused persons during the investigation of the present case. ASI Ranbir Singh… in cross-examination expressed his ignorance about the fact as to whether those weapons were used in the occurrence of present case or not”.

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