He had also submitted that the deceased had expired due to the negligence of police officers, arguing even as there were two hospitals around 100 m away from the spot, Rajesh was taken to a hospital 3 km away.
A Delhi court on Wednesday convicted a juvenile of the murder of a 38-year-old undertrial in 2017 near the Rohini court complex.
The child in conflict with law (CCL) faced charges of murder and under sections of the Arms Act.
“It is a proved fact that the death of deceased Rajesh has been caused by CCL by firing a gun shot upon deceased. The said gun shot has been fired from a very close range and it shows the intention of CCL to commit the murder of deceased,” said Additional Sessions Judge Amit Sahrawat in his order.
“The considerable fact is that the person who was running towards deceased from backside (also visible in CCTV footage) was apprehended by the jail staff, and this apprehended person is the CCL and not any other person,” the judge added.
At the time of the incident, Rajesh — accused in a matter pending in Rohini court — was lodged in Jhajjar jail. In April 2017, staffers of Jhajjar Jail brought Rajesh to produce him in the court. He was shot dead outside the court complex, and the juvenile was immediately nabbed. Two firearms were also recovered from the CCL.
“…facts leave no doubt in holding that it was the CCL who fired gunshot upon the deceased, and the burden lies upon CCL to prove as to what he was doing there with two countrymade pistols, and there is no explanation from CCL in this regard,” the judge noted.
After examining 23 witnesses, the police had built their case on the testimony of eyewitnesses, CCTV footage and forensic reports.
The three eyewitnesses in the case were three policemen from Jhajjar Jail.
The juvenile’s counsel, however, had argued that there was no documentary evidence to prove that the accused was present in the court on the day of the incident. He had also submitted that the deceased had expired due to the negligence of police officers, arguing even as there were two hospitals around 100 metres away from the spot, Rajesh was taken to a hospital 3 km away.