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Delhi: Court acquits 2 men accused of killing 17-year-old girl inside Mercedes in 2016, orders probe against family, cops

The court initiated an enquiry against the girl's friend, her mother, and Dr Sarabjeet Singh, senior scientific officer (Biology) at the forensic science laboratory (FSL) Rohini for "malicious prosecution and false deposition”.

Written by Anand Mohan J | New Delhi |
Updated: November 10, 2021 3:04:34 pm
A Delhi court has acquitted two men accused of killing a 17-year-old girl. (Representational image)

A Delhi court has acquitted two men accused of killing a 17-year-old girl, who was gunned down inside a Mercedes near her home in southwest Delhi in December 2016, and slammed the police and its witnesses for moving forward with malicious prosecution.

Additional sessions judge Navjeet Budhiraja, in his judgement delivered on October 29, ordered a departmental enquiry against former SHO Rajbir Singh Lamba. According to the court, Lamba failed to register the case at the earliest and later got a “concocted” FIR registered “in connivance with the family members of the deceased victim and inspector Naresh Sangwan, who helmed the investigation at the later stages”.

The court also initiated an enquiry against the girl’s friend, her mother, and Dr Sarabjeet Singh, senior scientific officer (Biology) at the forensic science laboratory (FSL) Rohini for “malicious prosecution and false deposition”.

The girl had left her house on December 12, 2016, after telling her family she was going to attend a friend’s birthday party. The girl’s father and her friend later went to search for her.

The prosecution claimed that the accused were spotted by the family in a Mercedes, and the girl was in the rear seat. The prosecution alleged that an argument had ensued between the accused and the family, and one of the men took out a pistol and shot the girl inside the car. The prosecution also alleged that the two men had sexually assaulted the girl.

The accused were facing trial under sections 302 (punishment for murder), 363 (punishment for kidnapping) and 34 (common intention) of the IPC, section 77 of the JJ Act, and section 4 of the Pocso Act. One of the accused, who was driving the vehicle, was found guilty under section 30 of the Arms Act.

Advocate R S Malik, who appeared on behalf of one of the accused, had argued that the girl shot herself. He argued that her friend was possessive about the girl and had an argument with the accused, and the girl grew frustrated over this and shot herself.

The court said: “Blackening and tattooing of the wound were there on the body of the deceased victim, which is mainly present when the shot is fired from a close range. This can happen if the person shot is carrying the weapon himself, who then fires the shot towards any part of his body or by some other person, who by bringing up the weapon so close to the body of the person to be shot pulls the trigger.”

The court said there was ample material in the form of delay in registration of FIR, tainted testimony of eyewitness, and medical and FSL reports being contrary to the version of all eyewitnesses, “all of which suggest their involvement in setting up a false case against the accused persons in connivance with the family members of the deceased victim”.

“I would be failing in my duty if I chose to shut my eyes as regards to the gross misconduct on part of the investigating agency, which has acted maliciously by converting the case of suicide into that of culpable homicide amounting to murder and falsely implicating the accused persons,” the judgement read.

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