Court affirms trial court's decision due to inconsistencies and lack of corroborative evidence against accused in 2011 robbery incident
The Delhi High Court has upheld the acquittal of Vasim, who was accused of robbery and possession of stolen property, in a case dating back to 2011. The decision was rendered by Justice Manoj Kumar Ohri, who found that the prosecution failed to establish Vasim's guilt beyond a reasonable doubt, pointing out several inconsistencies and procedural lapses that weakened the case against him.
The case originated from an incident on September 30, 2011, when the complainant, Akash, alleged that Vasim threatened him with a knife and snatched his gold chain during an evening walk near Shanti Nursing Home in Delhi. Vasim was reportedly apprehended by the public and later rescued by patrolling officers, who also recovered a gold chain and a knife from him.
However, the trial court, presided by ASJ-02 of Karkardooma Courts, had acquitted Vasim on November 29, 2014, citing the prosecution's failure to prove the charges under Sections 392 and 411 of the Indian Penal Code (IPC). The trial court's judgment was scrutinized in the appellate proceedings, where the High Court noted the absence of independent public witnesses despite their presence at the crime scene, and the lack of sincere efforts by the police to involve them in the investigation.
The High Court highlighted several discrepancies, including conflicting statements by the complainant about how Vasim was apprehended, inconsistencies in the arrest and recovery procedures, and the failure to identify the weapon allegedly used in the crime. The court noted that the complainant's initial and court statements were mutually inconsistent, particularly regarding the role of the police and public in apprehending Vasim.
Further, procedural missteps such as the unexplained absence of public witnesses, despite the availability of shopkeepers near the incident site, were underscored. The court also found discrepancies in the documentation process, with different accounts of where and when the arrest-related paperwork was completed.
Justice Ohri reiterated the principle that appellate courts should be cautious in overturning acquittals unless the trial court's findings are demonstrably perverse. The doctrine of double presumption of innocence, which favors the accused post-acquittal, was emphasized, leading to the dismissal of the State's appeal against Vasim's acquittal.
The decision serves as a reminder of the critical importance of procedural integrity and thoroughness in criminal investigations and trials. The High Court's judgment will be communicated to the concerned Trial Court for further action.
Bottom Line:
Acquittal upheld when prosecution fails to prove guilt beyond reasonable doubt due to inconsistencies and lack of corroborative evidence.
Statutory provision(s): Indian Penal Code, 1860 Sections 392, 411; Criminal Procedure Code, 1973 Section 378
State (Govt NCT of Delhi) v. Vasim, (Delhi) : Law Finder Doc Id # 2832397
