Board of the Delhi High Court
The Delhi High Court has acquitted a man accused of trying to kill his father-in-law, saying the case presented by the prosecution remained in the realm of suspicion and cannot be taken as proof.
Setting aside a trial court order, Justice Sunita Gupta granted benefit of doubt to accused Sunil Kumar and acquitted him.
"The case of prosecution remained in the realm of suspicion but as stated above, suspicion, howsoever grave, cannot take the place of proof," the judge said.
Sunil Kumar was facing trial for allegedly trying to kill his father-in-law Harbir Singh, a Delhi Transport Corporation bus driver, in April 2011.
He was convicted by a trial court under various charges dealing with attempt to murder, common intention and various provisions of the Arms Act.
According to the prosecution, Sunil Kumar and his associates fired at Harbir Singh, when he was driving a bus from the Seemapuri depot to the Sarai Kale Khan depot April 14, 2011. Harbir Singh was, however, not injured.
A case was filed against Sunil Kumar by his father-in-law at the Ghazipur police station.
Harbir Singh was murdered April 30, 2011 and another case was filed against Sunil Kumar, which is still pending in a trial court.
"The complainant (Harbir Singh) could not be examined by the prosecution since he has died. Therefore, the complaint made by him, which form the basis of the first information report (FIR) cannot be treated as substantive piece of evidence," the court said in its January 6 order.
It observed that there was no witness to the incident as none of the passengers of bus were examined by the prosecution.
Sunil Kumar's counsel KK Sharma told the court that his client was falsely implicated in the case by his wife due to a marital dispute and the investigation was highly defective.
The High Court also noted that the weapon of offence was never found.