After 6-year trial, man cleared of attempt to murder charge

Sunny was acquitted after the court noted that the prosecution had not included any public witnesses in the case.

New Delhi | Published: January 22, 2014 2:11:06 am

After a trial that lasted six years, a court acquitted a man of charges of trying to murder his wife and illegal possession of firearms.

Sunny was acquitted after the court noted that the prosecution had not included any public witnesses in the case.

Sunny and Nancy married in January 2009 without telling their parents. When Nancy’s parents found out, they asked her to file for divorce. A month later, Nancy was rushed to GTB Hospital with gunshot wounds and Sunny was arrested for shooting at his wife.

According to the prosecution, Nancy and her sister had gone to appear for their college exams. In the exam centre, Sunny had called Nancy but could not take the call. Later in the evening when the sisters were returning from the examination centre, Sunny allegedly accosted them at the bus stop. Sunny told Nancy that he would kill her and when Nancy tried to escape, he shot at her back. The bullet narrowly missed her. He then allegedly grabbed her hair and hit her with the butt of the pistol. Sunny was caught by onlookers and handed over to police. Nancy was rushed to the hospital.

Sunny claimed that the case against him was a ploy by Nancy’s parents to get them divorced. He said he had not been apprehended at the bus stop where the incident allegedly took place but had been picked up by police from his house. His counsel said the incident had taken place in a public area, but police had not produced even one independent public witness during the trial.

District and Sessions Judge J R Aryan considered the non-inclusion of public witnesses as one of the major factors while acquitting Sunny. He also looked at several loopholes within the investigation and the prosecution’s story.

Though Sunny had allegedly called Nancy at her exam centre on the date of the incident, police had not recovered the mobile phone from which the call was made.

Police had not traced the number through which the PCR call was made on the date of the incident. The head constable who had driven Nancy to the hospital was not examined during the trial. Nancy’s T-shirt, which could corroborate ballistic evidence, was not sent for forensic analysis.

Further, the puncture wounds and injuries on Nancy’s back revealed by her medical reports were held to be incompatible with the kind of bullet injury described by the prosecution during the trial.

Considering the evidence, Judge Aryan acquitted Sunny of all charges, observing: “In all these circumstances the defence plea that accused was being pressurised to accede to mutual consent divorce with the complainant becomes probable and acceptable.”

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