Delhi court acquits man in 2021 Badarpur firing case for lack of evidence

NEW DELHI: A Delhi court has acquitted a man accused of being part of a group involved in a firing incident in Badarpur in 2021 that left a head constable and a civilian injured, holding that the prosecution failed to establish his presence at the scene.Additional Sessions Judge Sheetal Chaudhary Pradhan acquitted Sujeet, who had been charged with attempt to murder, as well as offences related to obstructing, assaulting and deterring a public servant from discharging official duties, according to news agency PTI.In an order dated May 25, the court said, "The name of accused Sujeet was only disclosed to the investigating officer by CCLs (juveniles) during their disclosure statement. However, the investigating officer failed to even get a TIP (Test Identification Parade) proceeding conducted of the accused. The presence of the accused at the spot could not be established by any of the witnesses."According to the prosecution, the case stemmed from an incident on November 6, 2021, when juveniles allegedly opened fire on a police team in Badarpur. Police had reached the location after receiving information about a quarrel.The prosecution alleged that Sujeet was accompanying the juvenile offenders and shared a common intention in committing the offence.However, the court noted that no test identification parade of Sujeet was conducted during the investigation. It also observed that even the constable allegedly present at the scene failed to identify him.The judge further pointed out that the injured witness neither named nor identified Sujeet and did not assign any role to him in the firing incident."There is no allegation against accused Sujeet to have fired the bullet towards the complainant or that he obstructed the prosecution witness during the discharge of his duty or that the accused was carrying any firearm with him," the court said.The court noted that no recovery was made from Sujeet, while the alleged weapon was recovered from the possession of a juvenile co-accused. It also highlighted the absence of independent public witnesses supporting the prosecution's case.The testimonies of the injured witnesses, the court said, did not inspire confidence regarding Sujeet's involvement in the incident."In the present facts and circumstances, and after perusing the testimony of witnesses, the evidence available on record, the guilt of the accused is not beyond reasonable doubt," the judge said.Concluding that the prosecution had failed to prove the charges beyond reasonable doubt, the court acquitted Sujeet of all charges.