New Delhi [India], September 18 (ANI): Delhi’s Karkardooma Court recently acquitted an accused in an acid attack case after considering the contradiction in the manner of offense and offender, delay in the registration of FIR, and medical report.
In the above-mentioned case. the victim had died.
This case pertains to an FIR lodged at Police Station Patparganj Industrial Area in the year 2019.
Additional Sessions Judge (ASJ) Subhash Kumar Mishra acquitted the accused Golu after giving him benefits of doubts.
The court held that It stands established that due to the contradictory versions regarding the way of the commission of the offense and the actual offender, delay in the registration of the FIR and the medical reports, the prosecution has failed to prove its case. Accordingly, the accused Golu stands acquitted of the offense, he has been charged with.
“In the instant case, the prosecution has not reasonably explained the delay in registration of FIR. Moreover, the statement of the victim that he had narrated a different version to the doctor and the police at the hospital, being fearful of being caught is also not plausible and therefore an adverse inference can be drawn against the story of the prosecution,” ASJ Mishra said in the judgment dated September 10.
The court observed, “Further, in the medical papers of GTB Hospital, it is recorded that the victim suffered an injury when 5-6 persons had attacked him and set him on fire on September 25, 2019.”
While citing contradictions, the court said that the said version was entirely different from the version of the victim made by him wherein he had said that the accused poured acid on him, causing injury.
“He did not state anywhere, in the said statement that he was set on fire as well. This contradiction further deepens the cloud of doubt in the case of the prosecution,” the court said.
“Moreover, in his report, Dr. Vinod Kumar KN, Department of Forensic Medicine and Toxicology, Lady Harding Medical College (LHMC) & Smt. Sucheta Kriplani (S.K.) Hospital, New Delhi submitted that the cause of the death of the victim remained uncertain. Even, in the said report, it is mentioned that the burnt area over the body was less than 9% and the wound region appeared to be healthy,” the court further noted.
The court held that therefore, as per the report of Dr. Vinod Kumar KN, it cannot be said with certitude that the victim had died due to the alleged burn injury suffered by him because the said report mentions that the burnt area over the body was less than 9% and the wound region also appeared to be healthy.
On the version of the deceased, the court pointed out that It is clear that except for the victim, none other had witnessed the incident, and the FIR was lodged with an inordinate delay on the complaint of the victim.
“Even the brother of the victim did not inform the police about the incident despite the same being told to him by the victim,” it added.
“Moreover, the victim had given different versions of the incident to the doctor at the hospital and in his complaint. Apart from this, in one of the medical documents, it is mentioned that the victim informed that he was set on fire, whereas in another statement he mentioned that acid was poured on his body,” the court said.
As per the prosecution 4-5 days before October 23, 2019, at about 10.30 pm, the victim and the accused had gone to a wine shop to purchase liquor but the said shop had been closed.
While coming back from the shop, near the gate of RAC, Gazipur, Sabzi Mandi Road, the accused started abusing the victim, on which, the victim slapped the accused.
Thereafter, the accused took out a glass bottle, containing acid, from his pocket and poured the same on the victim’s pants due to which the thigh and the body part below his belly were burnt. The mother of the victim had gone to her native place, therefore, the accused himself applied ointment on the injury, took medicine, and remained at home. When his mother came back from the native place, the victim narrated the entire fact to her. Thereafter, on October 22, 2019, her mother took him to RML Hospital for treatment.
The victim stated in his complaint that due to fear of being caught, he had told the doctor and the police at the hospital that some drivers had beaten him at the Gazipur roundabout and then poured acid on him. During the treatment, the victim died on October 23. (ANI)
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