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Tuesday, Oct 22, 2019

Two arrested in police encounter acquitted for lack of evidence

cities Updated: Oct 12, 2019 20:03 IST
Kapil Dutta
Kapil Dutta
Hindustantimes
         

Greater Noida: Two persons arrested in a police encounter in November 2018 were acquitted by the district and sessions court in Surajpur on October 5. The suspects, Abid and Aslam, were accused of allegedly robbing a gold chain from a woman in Sector 50.

As per the prosecution, a police team was conducting a search near Kendriya Vihar crossing and got a tip-off about the movement of two bike-borne criminals near the Noida City Centre metro station. The police had put up a barricade and signalled them to stop. The men tried to speed after opening fire as the police team. The two were arrested after an encounter. The sessions judge did not find any concrete evidence or an independent eyewitness to corroborate the police version of the events and, hence, acquitted the accused.

The prosecution argued that sub-inspector KC Yadav and Kuldeep Kumar along with the police team were conducting a search to apprehend suspicious looking persons. When the police team signalled them to stop, the pillion rider fired at the police team. The police team then managed to arrest them around 12.30am.

Police also claimed that they had recovered a countrymade gun, two empty cartridges and three live cartridges from the possession of Abid and Aslam. Police team then searched for a public witness but no one came forward. Police had filed the charge sheet against the duo under Section 307 (attempt to murder) of the IPC and under the Arms Act.

Meanwhile, the accused told the court that they were falsely implicated. The counsel of the accused claimed that there was no independent witness, and that the accused were arrested from elsewhere and then framed in an encounter case. “The accused’s counsel argued that the police team could not produce bullets or splinters recovered from the scene... Aslam had neither carried a weapon nor fired any shot. There was no independent witness. The only two eyewitnesses were police personnel,” the counsel argued.

The prosecution failed to prove the charges. “District sessions judge Vishesh Sharma has acquitted Abid and Aslam. Abid was in judicial custody and the court ordered his release. Aslam is out on bail and the court has ordered the cancellation of his bail bond,” Brahamjit Bhati, district government counsel, said.

Vaibhav Krishna, SSP Gautam Budh Nagar, said police should not be held accountable for acquittals. “We act on information about a criminal. Police are a part of the system and there is also the prosecution and the judiciary. I will not comment on the acquittal,” he said.

First Published: Oct 12, 2019 20:03 IST

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