January 20, 2021 12:55:08 am
Taking note of lacunae in the material produced by the prosecution, a Delhi court has discharged AAP leaders Somnath Bharti, Jarnail Singh and Amanatullah Khan, who had been accused of beating and confining a woman inside the Delhi Vidhan Sabha in 2017.
Additional Chief Metropolitan Magistrate Dharmender Singh discharged the three leaders on Tuesday, noting that the woman’s statement to police and the magistrate had contradictions.
The woman had alleged that on June 28, 2017, when she went to the Delhi Vidhan Sabha to watch its proceedings, a crowd apprehended and beat her on Singh’s instigation. She alleged that Khan, who was also present, beat her and forced her inside the building, and later Bharti too abused her. The court observed, “In view of the several lacunae in the material produced by the prosecution, grave suspicion does not arise in the present case.”
The court noted that in her typed complaint, the woman named only Khan, while in her statement to the magistrate she also named Singh. She alleged she was confined for one hour in her complaint, but in the statement to the magistrate she claimed she was confined for two hours. The court also noted that as per the complainant’s version she went to Delhi Vidhan Sabha to watch its proceedings, but “as per the visitors’ register at the reception, said reason/purpose is not mentioned”. “… Despite the version of the complainant that crowd was present there, none from said crowd has been cited as prosecution witness,” the court said.
“As per prosecution, on the date of incident, when IO reached the hospital and contacted the complainant, she did not give the statement. This is despite the fact that in the MLC of the complainant, it is not stated that ‘she was not fit for statement’. It is also relevant to mention here that despite knowing the accused persons by their names, she did not mention their names in her MLC,” the court said.
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