A burial ground caretaker,who was accused of hurting religious sentiments after a dead infant's family suspected him of beheading the girl hours after they buried her,has been acquitted by a Delhi court. Metropolitan Magistrate M P Singh let off Ghaziabad-based Subhash,a government employee who was in-charge of a burial ground in North-East Delhi,on the ground that the police has not taken sanction from the government to prosecute him. "I find that the prosecution has miserably failed to establish that it was none else but the accused (Subhash) who had committed the alleged acts or had done anything in furtherance of common intention with some other person. "Both on facts and on law,the prosecution case is absolutely weak," the court said while acquitting Subhash. According to the prosecution,a complaint was lodged in November 2007 that a family had buried a newborn,who had died two days after her birth,in the burial ground. The complainant said that on the same day when they had buried the child,their neighbour's infant son also died and they again went to bury him in the same ground. "On reaching there,we saw that head of the girl child was lying at some distance and on digging,we could not find her body," said Shankar,uncle of the infant girl. He said when the caretakers,Subhash and Golu,who had escaped,were contacted,they could not give any satisfactory answer and police was called. "Subhash and Golu had tampered with the buried body of the girl child and they have hurt our religious feelings," the complainant had said. Subhash was charged under section 295A of the IPC relating to deliberate and malicious acts,intended to outrage religious feelings. The court freed Subhash on the ground that the evidence of prosecution was entirely "deficient" and the complainant and material witnesses were not sure as to who had committed the alleged offence of beheading the infant's body.
