Delhi court acquits man accused of attempting to murder wife

A court here has acquitted a man accused of attempting to murder his wife, saying the prosecution failed to prove the charge as the victim ''did not utter a single word'' against her husband.

The court was hearing a case against Sunny, who was accused of causing burn injuries to his wife by pouring boiling tea on her, besides hitting her on the head, while in an inebriated condition on February 3, 2021, in the Shadi Nagar area of north Delhi.

"Considering the fact that the star witnesses of the prosecution did not utter a single word against the accused which could support the prosecution story, the prosecution has fallen short of the expectations and failed to prove its case... Accordingly, the accused Sunny is acquitted of the offence under section 307 (attempt to murder) of the Indian Penal Code," Principal District and Sessions Judge Madhu Jain said in a judgement passed on Tuesday.

Noting the submissions and the material on record, the judge said the prosecution's case was primarily based on the testimony of the wife or the complainant along with an eyewitness, who had turned hostile and denied the accused's complicity.

The judge, however, said "testimony of hostile witnesses cannot be washed away simply because the witnesses have turned hostile and that part of the testimony which is relevant and truthful can be acted upon if it is above board..." "In the instant case, even after applying the aforesaid proposition, the result remains unaltered as the evidence of the pivotal witness and injured, narrates the incident and its details, but on the vital and most crucial aspect of the complicity of the accused, she completely drowns the case of the prosecution, making it a rudderless boat bound to be doomed or crashed," the judge said.

Adarsh Nagar police station had registered an FIR against Sunny under section 307 of the IPC on the basis of the wife's complaint.