New Delhi, Jun 17 A Delhi court has acquitted six men accused of murdering two youths in Sangam Vihar in 2015, saying the prosecution's case suffered from serious evidentiary deficiencies, including hostile eyewitnesses and a lack of conclusive corroboration.
In an order dated June 8, Additional Sessions Judge Hargurvarinder Singh Jaggi said the prosecution's case is severely undermined by its own star public witnesses retracting their statements and alleging police coercion.
"The lack of independent witnesses during the evidence recovery, the absence of CCTV, and the inconclusive ballistic reports leave a massive gap in the chain of circumstances. The case appears to suffer from severe evidentiary weaknesses. There are significant flaws in the police investigation, and a lack of definitive scientific corroboration," the court said.
According to the prosecution, the killings stemmed from rivalry in an illegal gambling business. It alleged that Sumit was shot dead near Valmiki Mandir on Tigri Road and Akash was abducted and later murdered in a jungle area of Sangam Vihar on April 5.
The complainant and purported eyewitness denied witnessing the incident and claimed his signatures were taken on blank papers.
The judge observed that while DNA evidence indicated the presence of the victims' blood on clothes allegedly recovered from some accused, such evidence by itself was insufficient to establish guilt in the absence of reliable eyewitness testimony and an unbroken chain of circumstances.
The court acquitted Ravi Gupta, Satish Kubda alias Ajay, Arjun alias Tillu, Akash alias Machine alias Rocky, Sunil alias Sapola and Sunil, son of Ram Chander, of charges under IPC provisions relating to murder, abduction and criminal conspiracy. Ravi Gupta, Satish Kubda and Akash were also acquitted of Arms Act charges.
"The defense has successfully created significant reasonable doubt by highlighting these investigative flaws and presenting a plausible alternative narrative of false implication," the judge said.
However, the accused Nitin Gupta was convicted under Section 174A IPC for absconding after being declared a proclaimed offender.
The court held that the prosecution had proved beyond reasonable doubt that he evaded legal process for nearly five years despite publication of proclamation proceedings.
The court ordered the release of the acquitted accused if they were not required in any other case.
