'Collapse of memory' leads to closure of case | delhi | Hindustan Times
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'Collapse of memory' leads to closure of case

delhi Updated: May 19, 2011 23:25 IST
Sumit Saxena

A Maruti 800 car stereo has become a mystery for a Delhi court. This stereo had come to the court as a case property in a theft case in 2002.

After nearly nine years, the police, the witnesses and the accused involved in the case have failed to recognise the stereo, stating a "collapse of memory".

Due to this, the court has had to close the case. It also acquitted the accused, as the identity of the stereo could not be established.

Metropolitan Magistrate Ekta Gauba said, "Identity of the case property could not be proved by the prosecution. No specific role has been alleged against the accused persons. The prosecution has miserably failed to prove its case beyond reasonable doubt."

According to the prosecution, one Dara Singh, lineman at telephone exchange, had made a police call, stating his staff had got hold off two car stereo thieves.

The accused, Bijender and Sriniwas had been caught at the MCD parking on Asaf Ali Road in Daryaganj on July 12, 2002.

An FIR was registered and after completion of the investigation, a chargesheet was filed.

The court observed that the complainant had turned hostile, and seemed to have no memory of the incident. The public witness too has expressed his inability to identify the stereo. Not only this, the police too could neither identify the stereo, or elaborate on its origins as a case property.

Baffled at the circumstances, the judge said, "The benefit of doubt goes in favour of the accused. Hence, both the accused persons are hereby acquitted of the charges levelled against them by giving them the benefit of doubt."