Man acquitted in illegal firearm possession case by court

Besides this, the court said the prosecution has failed to prove any arrival entry on record to show that after completion of the investigation, any case property as alleged was brought and deposited in the police station.The judge further noted that the police officials, who apprehended Kumar while on patrolling duty, failed to enter their departure and arrival from the Jahangirpuri police station in the register.

A Delhi court has acquitted a man of all charges levelled against him for possessing an illegal firearm, noting that the possibility of ''tampering or planting'' it cannot be ruled out.

Metropolitan Magistrate Richa Sharma held that the prosecution failed to prove the guilt of the accused beyond a reasonable doubt. “The possibility of tampering or planting the case property cannot be ruled out,” the judge said in a 12-page judgement dated July 29.

In February 2016, Mohit Kumar was found in possession of a country made pistol with a live cartridge without any license, in Delhi's Jahangirpuri area, following which a case under the Arms Act was registered against him. The prosecution had examined five witnesses in the case. All the witnesses were police officials. The judge said that a whole new story came to light during the cross-examination of one of the prosecution witnesses, which was totally contrary to the case of the prosecution. “It is the case of the prosecution that on the basis of the information received from the secret informer, they apprehended the accused but on the basis of the statement made by the prosecution witness, it appears that it is the mother of the accused who called at 100 number,” the judge noted. Besides this, the court said the prosecution has failed to prove any arrival entry on record to show that after completion of the investigation, any case property as alleged was brought and deposited in the police station.

The judge further noted that the police officials, who apprehended Kumar while on patrolling duty, failed to enter their departure and arrival from the Jahangirpuri police station in the register. “In the event of the absence of the daily dairy entries being made by the police officials, their possibility of being at the spot at the date and time of the incident comes under the scanner and this fact perse puncture's the case of the prosecution,” the judge added. The case was registered against Kumar under various sections of the Arms Act on a complaint filed by assistant sub-inspector Naveen Kumar. He had pleaded not guilty and claimed trial in the case.