E-Paper
Panchkula court acquits 4 in 2021 public servant assault case
The court’s decision was primarily driven by the complete retraction of the prosecution’s key witness, the complainant Dayal
The additional chief judicial magistrate (ACJM) court has acquitted all four accused, including a woman, in a case involving charges of obstructing a public servant in the discharge of their duties registered at Chandimandir police station on July 3, 2021.
The four accused were identified as Saurabh, Virender, Gaurav Aggarwal, and Babli Aggarwal. The court in its November 14 order, concluded that the prosecution had “miserably failed to prove the case” beyond the shadow of reasonable doubt.
Dayal Singh, a resident of Abheypur village in Panchkula, in his police complaint, registered on July 3, stated that he was working as a driver with the director of Haryana transport department and had gone with the director to Morni for official work on July 3.
Upon reaching Morni, they encountered a traffic jam. The director inquired about the reason from Virender present on the road and asked him to clear the passage.
Thereafter, as they crossed the heavy traffic congestion, Saurabh (son of Virender), along with his five friends, arrived and parked their car in front of the vehicle. They allegedly attempted to break the car’s glasses and snatch the keys. The accused also threatened to kill the occupants.
Dayal managed to reverse the car, but the accused followed them and again blocked their path by parking their car and placing stones on the road. They then reportedly began breaking the glasses of the vehicle. Meanwhile, the police arrived at the spot, and with their assistance, Dayal and the director were escorted from the location.
All four accused were then booked on charges of obstructing a public servant in the discharge of their duties, voluntarily causing hurt, wrongful restraint, assault on a public servant, and criminal intimidation.
Complainant failed to recognise the accused in the court
The court’s decision was primarily driven by the complete retraction of the prosecution’s key witness, the complainant Dayal. During his deposition, Dayal stated he could not identify the accused due to darkness and failed to recognise them in court.
He gave a “clean chit” to the accused, denying that they had assaulted, abused, threatened, or blocked their passage, and even claimed the police obtained his signatures on blank papers. The court held that the identity of the accused was not established, as the prime witness himself did not support the prosecution’s case.
Furthermore, the ACJM court highlighted significant lapses by the investigating police agency. The court noted that the prosecution failed to examine the investigating officer (IO), thereby depriving the defence of the opportunity to cross-examine him on material contradictions.
The court also observed that the police failed to join any independent public witness despite the incident occurring in a public area. The official witness, HGH Ved Parkash, confirmed that the IO neither joined an independent witness nor conducted a test identification parade (TIP), and stated that the IO conducted all proceedings while sitting in the police station.
