New Delhi, Sep 8 A Delhi court has acquitted two men accused of shooting and seriously injuring a man in Malviya Nagar in 2018, saying that the prosecution's case suffered a "fatal, irrecoverable blow" from its own scientific evidence.
Additional Sessions Judge Hargurvarinder Singh Jaggi acquitted Anuj Gulliya alias Annu and Aash Mohammad alias Ashu of charges under sections relating to attempt to murder and use of firearms, holding that the prosecution failed to establish their identity as the assailants beyond reasonable doubt.
In an order dated September 7, the court said, "The basic fundamental principle of criminal jurisprudence that the burden lies on the prosecution to prove its case against the accused beyond reasonable doubt. This burden never shifts. In the present case, there is a total absence of ocular identification, as every public witness has turned hostile."
The court noted that all five material public witnesses, including the injured victim Iqbal Qureshi and his brother Imran Qureshi, had turned hostile and failed to identify either of the accused in court.
"The entire ocular framework has collapsed during the trial," the court said.
The incident took place on May 13, 2018, when Qureshi sustained multiple firearm injuries to his abdomen, thigh and hand near the main market in Malviya Nagar.
According to the prosecution, two men arrived on a motorcycle and the pillion rider, wearing a helmet, fired several shots at Qureshi.
The court, however, found that the prosecution had no credible ocular evidence connecting the accused to the shooting as the witnesses consistently stated that the assailants were wearing helmets.
"The prosecution's case has suffered a fatal, irrecoverable blow from its own scientific evidence," the judge said.
The court noted that forensic examination established that the empty cartridges recovered from the crime scene and the bullets removed from the victim were not fired from the country-made pistol allegedly recovered from Gulliya.
"These scientific findings conclusively prove that the country-made pistol recovered from the accused Anuj Gulliya was not used in the shooting," the court said.
The court also found the recovery of the pistol from Gulliya doubtful, noting that no independent public witness had joined the recovery despite the arrest allegedly taking place in a populated area.
It further pointed out that Gulliya's signature was missing from the seizure memo and the police witnesses failed to satisfactorily explain the omission.
As regards Aash Mohammad, the court said there was "absolutely zero evidence" connecting him with the shooting. His implication rested on an alleged disclosure statement made while in police custody, which the court held had no legal value in the absence of any consequential recovery.
It accordingly acquitted both accused of all charges and directed them to furnish fresh bonds of Rs 10,000 each in compliance with the law.
