Man accused of stealing Rs 1 lakh walks free after 7 years as complainant dies

NEW DELHI: Seven years after facing trial for allegedly stealing Rs 1 lakh from a house in south Delhi, a man has been acquitted by a court here due to non-examination

NEW DELHI: Seven years after facing trial for allegedly stealing Rs 1 lakh from a house in south Delhi, a man has been acquitted by a court here due to non-examination of the complainant who died during pendency of trial.

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“The complainant, who was the star witness, has expired before he could be produced or examined by the prosecution. Since the complainant who was the star witness could not be examined, the factum of theft itself could not be established,” the court said.

“Needless to say that no incriminating evidence to entail conviction has come on record against the accused,” metropolitan magistrate Vikrant Vaid said.

“The other witnesses being formal in nature are of no help to the prosecution case. Hence, I find that prosecution has failed to prove the case against the accused beyond reasonable doubts,” magistrate Vikrant Vaid said.

According to prosecution, accused Harish allegedly broke into the house of complainant Satya Swaroop Singh in Kalkaji here in his absence and robbed Rs 1 lakh and other articles. When the complainant returned home, he found that the back door of his house was broken and the locker of the almirah was open. An FIR was lodged against him under sections 380 (theft) and 411 (dishonestly receiving stolen property) of the IPC.

Singh, however, died during the pendency of proceedings and prosecution evidence was closed on July 22. The court also said, “Since nothing incriminating came on record against accused to secure conviction for offence, the examination of accused as required under section 313 CrPC was dispensed with.”