August 28, 2016 9:10:02 am
Seven years after facing trial for allegedly stealing Rs one lakh from a house in south Delhi, a man has been acquitted by a court in New Delhi due to non-examination of the complainant who died during pendency of trial. “In the present case, the complainant who was the star witness, has expired before he could be produced or examined by the prosecution. Since the complainant who was the star witness could not be examined…the factum of theft itself could not be established.
“Needless to say that no incriminating evidence to entail conviction has come on record against the accused. The other witnesses being formal in nature are of no help to the prosecution case. Hence, I find that prosecution has failed to prove the case against the accused beyond reasonable doubts,” Metropolitan Magistrate Vikrant Vaid said. According to prosecution, accused Harish allegedly broke into the house of complainant Satya Swaroop Singh in Kalkaji in New Delhi in his absence and robbed Rs one lakh and other articles.
When the complainant returned home, he found back door of his house broken and the locker of the almirah was found opened, it said, adding an FIR was lodged against him under sections 380 (theft) and 411 (dishonestly receiving stolen property) of the IPC. Singh, however, died during the pendency of proceedings and prosecution evidence was closed on July 22 this year.
The court also said, “Since nothing incriminating came on record against accused to secure conviction for offence, the examination of accused as required under section 313 CrPC was dispensed with.”
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