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‘Police probe botched up’: Panchkula court lets off 2 assault accused
The Panchkula court pointed out that despite the complainant’s claims of being assaulted at a wedding, there was no photographic evidence
Observing that the whole investigation is botched up without careful scrutiny and the possibility of false implication cannot be ruled out, a local court has acquitted two persons who were booked for assault during a wedding back in 2019.
“In view of the glaring embellishments in the version of the prosecution, the possibility that the accused persons have been falsely implicated cannot be ruled out,” ruled the court of judicial magistrate first class Arunima Chauhan while acquitting Rishi Lal of Sector 5, Panchkula, and Vakil of Kharak Mangoli, Old Panchkula.
The duo was arrested on June 26, 2019, on the complaint of Sanjeev Kumar of Kharak Mangoli. He told police that he worked for the Chandigarh municipal corporation.
On June 23, 2019, he was attending his nephew’s wedding function in Kharak Mangoli. While dancing, Rishi and Vakil suddenly hit him on the face and head with a kada (bangle) and hand punch, due to which he fell down. On his complaint, a case under Sections 323 and 506 of the Indian Penal Code was registered at the Sector 5 police station.
In his testimony before the court, the complainant said there were 30-40 persons present at the wedding and all were in inebriated condition. He said he was also drunk and was taken to the hospital in an unconscious state.
‘No independent witness’
The court in its order, dated July 29, pointed out, “The absence of independent witness in the incident in question further raises suspicion about the genuineness of the allegations and the actual manner of occurrence of the incident due to the act of the accused persons. Moreover, another fact to be considered here is that it is a usual trend that in a function like wedding, photographers and cameraman are readily available. However, no such photographs or videography of the alleged incident as averred by the prosecution has been brought on record.”
Further, both weapons of offence i.e. kada and hand punch were recovered on different dates, but only one parcel was made for both of them. In fact, even ASI Murari Lal, who was the investigating officer, admitted that neither any statement from the persons who were present in the marriage was recorded by him neither he noted down any name of address of the persons who were present at the marriage. He also told the court that no independent witness was joined. He also stated that there was no blood marks on the kada, the court noted.
“Thus, an inference can be drawn from the prima facie perusal of the case file that whole investigation is botched up without careful scrutiny. Hence, prosecution has failed to prove the guilt of the accused persons beyond reasonable doubt and both the accused persons namely Rishi and Vakil are liable to be exonerated of all charges levelled against them,” ruled the court.
