A Delhi Sessions Court Judge on Monday discharged two accused of the charges of attempt to murder and using arms or ammunition in last year’s North East Delhi Riots after quoting Fyodor Dostoevsky’s book “Crime and Punishment”.
“From a hundred rabbits you can’t make a horse, a hundred suspicions don’t make a proof,” was cited as Additional Sessions Judge Amitabh Rawat ruled that nothing in chargesheet supported the charges under Section 307 (Attempt to murder) of the Indian Penal Code and Section 27 (Punishment for using arms) of the Arms Act against the two accused – Imran and Babu.
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“Presumption can’t be stretched to take the shape of proof or evidence. The chargesheet depicts nothing for charging them under Section 307 IPC or Arms Act,” the order said.
In the order, the Court observed that the alleged victim was absent from the police investigation and the wrong information was filed about the victim allegedly shot by the accused.
“Rahul, who is stated to have been shot by the mob/rioters comprising the accused persons, had given a wrong address as also a wrong mobile phone number in his Medico-Legal Case…It is not as if Rahul gave an initial statement and then vanished. The State is categorical in saying that the police never saw Rahul. That being the case, who is going to say that who shot whom and by whom and where,” the order read.
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The court had earlier established that there was a prima facie case against the two accused of being part of unlawful assembly, armed with weapons and committing rioting.
