A Delhi court has acquitted a man accused of forging a plane ticket to enter the Delhi airport to see off his relative who was unaware of airport security procedures.
Metropolitan Magistrate Bharti Garg acquitted the accused Dhiraj Kumar, who was accused by the police of forging an Indigo airlines Delhi to Lucknow flight ticket using Photoshop on his mobile phone. The police claimed Kumar did this to accompany his close relative till the boarding pass counter as she was not familiar with the security procedure inside the airport.
The court said that several reasonable doubts have emerged in the narrative put forth by the prosecution and the evidence of prosecution witnesses does not inspire confidence as regards the culpability alleged against the accused.
Since the prosecution failed to establish that the accused used forged plane tickets, the court said it was not able to establish criminal trespass in this case.
“The only fact that is brought to surface is that he had entered the terminal building to see off his close relative and help her out in clearing the security procedure at the airport. It is amply clear that there is no intention to intimidate, insult or annoy any other person at the airport, rather to accompany his relative at the airport,” court said.
Court said at the most, the “element of knowledge could be imputed on accused that he might annoy the officials at the airport by unlawfully entering the terminal building, but intention is a mental state of graver degree and ought not be slightly inferred”.
“Mere unauthorized occupation of premises without the requisite criminal intention may be a trespass but not criminal trespass,” court said.
On the forged ticket, the court said that it is not proved that the alleged forged ticket placed on record by prosecution was recovered from the possession or mobile phone of the accused.
“In the totality of circumstances, one cannot deny the possibility that the forged ticket was planted upon the accused, thereby rendering the entire recovery proceedings doubtful,” court said.