New Delhi [India], March 2 (ANI): A Delhi court on Tuesday dropped attempt to murder charges against two accused in connection with north-east violence case quoting Russian Novelist Fyodor Mikhailovich Dostoevsky that "from a hundred rabbits you can't make a horse, a hundred suspicion don't make a proof."
Additional Sessions Judge Amitabh Rawat dropped the attempt to murder charges and Arms Act against two accused- Imran alias Teli and Babu and said that there must be some material against the accused persons to frame a charge.
"Presumption can't be stretched to take the shape of proof/evidence. The chargesheet depicts nothing for charging them under Section 307 Indian Penal Code (IPC) or Arms Act," the court said.
The court said that Dostoevsky in, "Crime and Punishment" says from a hundred rabbits you can't make a horse, a hundred suspicion don't make a proof". Thus, both the accused persons are discharged of the offences under Section 307 (attempt to murder) IPC and Arms Act.
Delhi Police has alleged that Imran alias Teli and Babu were members of unlawful assembly armed with weapons and participating in the rioting on February 25, 2020, near Maujpur Red Light. Delhi Police has booked them under Section 143/144/147/148/149/307 of the Indian Penal Code and Section 27 of Arms Act.
The Court noted that the gunshot injury is stated to be caused to one Rahul but he is missing and his statement is also not on record.
The police have, after a long investigation, concluded that Rahul, who is stated to have been shot by the mob/rioters comprising the accused persons, had given a wrong address as also a wrong mobile phone number in his Medico Legal Case (MLC).
"So by the time, police arrived at the hospital, the alleged victim Rahul had vanished. It is not as if Rahul gave an initial statement and then vanished. The State is categorical in saying that the police never saw Rahul," the court said.
"That being the case, who is going to say that who shot whom and by whom and where," the Court added.
The court further said that the alleged victim has never been seen by the police. He has never given any statement about any gunshot injury or about any mob or rioters.
"So how is Section 307 IPC made out against the accused persons when the victim is absent from even the police investigation. How is the gunshot injury established? There is no murmur of that," the court further added.
The Court said that there is ground for presuming that the accused persons have committed the offence but not exclusively triable by the Court of Sessions.
Therefore, the Court transferred the matter back to the magistrate Court to decide on the issue of framing charges under unlawful assembly and others.
The Court asked Imran and Babu to mark their appearance at the magistrate court on March 8. (ANI)