Court acquits two in 7-year-old assault case

A court here has acquitted two men in a seven-year-old assault case, saying that continuing with the trial would be "a waste of judicial time, money and resources and will also cause unnecessary oppression of the accused." The judge also said that in the absence of any incriminating evidence against the accused due to the complainant not turning for evidence, the prosecution can never hope to prove the allegations and the testimonies of official witnesses, even if it was taken on record, would be insufficient.

"Since nothing incriminating has come on record against the accused, they are acquitted of the offences punishable," Metropolitan Magistrate Animesh Bhaskar Mani Tripathi said in an order passed on August 22.

The court further said that the right to a speedy trial was a constitutionally guaranteed fundamental right of the accused and continued the case pertaining to an FIR of 2014, where it was clear that the prosecution can never hope to prove its case against the accused persons, would tantamount to violation of the right.

"Keeping in mind the aforementioned reasons and the above case laws, recording of any further prosecution evidence in the present case would be a waste of judicial time, money, and resources and will also cause unnecessary oppression of the accused who have anyhow faced the ordeal of trial in the present case for last seven years," the court said.

The accused persons were also entitled to benefit of the doubt as the prosecution could not discharge the onus of proving the ingredients of the offense, the court said.

The court was hearing the case against the accused - Rahul and Dinesh - who had allegedly caused grievous injuries to the complainant with blunt objects (brick and danda) and wrongfully restrained him on September 13, 2014, at Sunder Nagri in northeast Delhi.

Nand Nagri police station had registered an FIR against the accused persons based on the statement of the complainant.