Panchkula man gets 1 year jail for thrashing friend; court raps police for ‘shoddy’ work
The victim, Kamal, ran away towards the residential area in Sector 26, Panchkula, to seek help after being injured
A local court rapped Panchkula police for its “shoddy investigation” while awarding one year jail to Sector 19 resident who had injured his friend by hitting him multiple times with blunt weapon in 2018.
Pulling up police, judicial magistrate Arunima Chauhan said, “It is imperative to mention here that it is ostensibly clear that the investigation made by the police is a complete damp squib and the same has been made in a botched up manner.”
The convict has been identified as Gaurav, 26, of Panchkula. In November 2018 he had attacked Kamal, alias Kartik, of Pinjore with an axe resulting in severe injuries to the victim.
The court also imposed a fine of ₹15,000 on convict.
“It was pivotal that the investigating officials should have sent the weapon of offence after recovery to Forensic Laboratory Madhuban for proper forensic examination, so that finger prints and blood stains even if washed off by the rain as alleged by the prosecution could have been found on the weapon,” pointed out the court in the order.
“But this court is wake to the legal principle that guilty should not be entitled to any benefit of the default on the part of the prosecution. Further, it is a settled position of law that any shoddy, defective investigation or any negligence in investigation cannot adversely affect the prosecution case and shall not absolve the accused from his liability if the direct evidence available on file is credible,” ruled the court while awarding 1 year jail to Gaurav.
{{/usCountry}}“But this court is wake to the legal principle that guilty should not be entitled to any benefit of the default on the part of the prosecution. Further, it is a settled position of law that any shoddy, defective investigation or any negligence in investigation cannot adversely affect the prosecution case and shall not absolve the accused from his liability if the direct evidence available on file is credible,” ruled the court while awarding 1 year jail to Gaurav.
{{/usCountry}}Lenient view will send a wrong signal: Court
{{/usCountry}}Lenient view will send a wrong signal: Court
{{/usCountry}}The court in its order said, “Accused (now convict ) has committed offence using sharp edged weapon and thereby caused multiple injuries to the victim. The facts of the case clearly exude malice in mind of the accused as he hatched a conspiracy against the victim and lured him so that the victim trusts him and falls into his trap”.
{{/usCountry}}The court in its order said, “Accused (now convict ) has committed offence using sharp edged weapon and thereby caused multiple injuries to the victim. The facts of the case clearly exude malice in mind of the accused as he hatched a conspiracy against the victim and lured him so that the victim trusts him and falls into his trap”.
{{/usCountry}}“Further, while sentencing, taking a lenient view will send a wrong signal to the society as the said act of violence is extreme and has capability to shake conscience of the people at large,” ruled the court while dismissing plea for leniency.
Compensation to victim rendered handicapped
The court ordered compensation of ₹2 lakh to complainant Kamal, out of which ₹10,000 collected from the accused as fine be given to the victim. The court directed DLSA Panchkula to provide adequate compensation to the victim.
Kamal in the attack had sustained injuries on his head, neck as well hands and told the court that due to the injuries he is not able to use his hands properly.
Case in nutshell
Recounting the attack, Kamal said that he had known Gaurav for six years. On November 10, 2018, about 8.30 pm Gaurav called him and asked him to meet near Metro Road, Zirakpur. He went to meet him. At around midnight he and Gaurav went to river from a narrow path and that is where Gaurav attacked him with axe, thus injuring him, he said.
A case under Sections 324 (voluntarily causes hurt ), 326 (causing grievous hurt) and 506 (criminal intimidation) of the Indian Penal Code was registered in Chandimandir police station.