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HindustanTimes Sun,20 Apr 2014

Delhi: Jailed for 16 yrs, man seeks trial of SDM, cop

PTI  New Delhi, April 07, 2013
First Published: 09:46 IST(7/4/2013) | Last Updated: 09:48 IST(7/4/2013)

A man, condemned and jailed for over 15 years before being absolved of the charge of setting ablaze his wife, has moved a Delhi court for prosecution of a sub-divisional magistrate and a police officer alleging their false deposition in the case led to his conviction.

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Subhash Chander Sharma, sentenced to life in 1997 by a lower court, was later let off by the Delhi high court which considered inconsistencies in the statements of the officials relating to recording of dying declaration of his wife Rita.

Sharma, now a free man, has filed a private complaint for initiation of perjury proceedings against then SDM of Shahdara B P Singh and sub-inspector Pratap Singh, the investigating officer (IO) of the case, on the ground that they gave "fabricated and false evidence", that too on oath, to nail him.

Additional Sessions Judge Rakesh Kumar has taken the complaint on records and has fixed it for hearing on April 16.

Sharma was handed life imprisonment under Section 302 (murder) of the IPC for allegedly setting ablaze Rita in May 1991. The two were married for more than seven years and had a six-year-old child.

He, however, was acquitted of the charges by the High Court on August 12, 2011.

The complaint against the officials alleged that the SDM had deposed in the the trial court that on May 19, 1991, he was approached by IO Singh for recording statement of the victim at a hospital here where he reached around noon.

However, Singh had testified that he got a call from Rita's father on the evening of May 19, 1991 for recording the statement by the SDM and he then contacted the SDM in the night. Later, they both went to the hospital to record the statement, the complaint said.

According to police, Rita, a school teacher, in her dying declaration, alleged she was burnt alive by her husband after a quarrel. She suffered burn injuries and later died at a hospital here.

Sharma, citing the HC judgement, has sought criminal proceedings against the SDM and the IO. He said there were "material contradictions" in their statements which are sufficient to prosecute them for various offence's including perjury.

He alleged the dying declaration was a "forged document" and was prepared falsely by the SDM and the IO without even visiting the hospital. "They used forged document as genuine in the judicial proceedings and it was intended to cause unlawful injury to the accused (Sharma).

"It is crystal clear that Rita never deposed before the SDM nor the statement was dictated by the SDM nor ever recorded by SI Singh as alleged in their statements," the plea said, adding that the duo had given false evidence against him to cause harm to him and due to which he was convicted for the offence attracting death penalty as the maximum punishment.

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