Cops fired at: Delhi Court acquits man, says testimony of police witnesses doubtful

New Delhi: A Delhi court has acquitted a man whose accomplice was accused of firing upon police officials in 2016, pointing out several "material discrepancies and contradictions" in the statements of two official witnesses.

Additional Sessions Judge Vishal Pahuja observed the cognisance of the offences in the case was "vitiated" because of not complying with the mandatory procedure of filing a written complaint.

The court was hearing the case against Mohammad Akram whose accomplice was accused of firing upon policemen on patrolling duty on August 25, 2016. The co-accused is absconding.

According to the prosecution, Akram and others did not stop their bikes when asked by the patrolling police persons. The accused’s associate, riding pillion, whipped out a country-made pistol and fired upon the policemen while trying to escape, it said.

In its verdict dated December 7, the court said, "Prosecution has examined two witnesses head constable Avnish Kumar and inspector Durga Das to prove its case....testimony of the aforesaid witnesses reveals that there are several material discrepancies and contradictions which render their depositions highly unreliable and doubtful to be acted upon."

It observed a doubt was created as no empty cartridge case was recovered. The case was registered against the accused persons by Saket Police Station.

During cross-examination, Kumar could not tell the registration number of the motorbike, nor could he remember the make, model or colour of the two-wheeler, the court noted.

It said, "Above all, Kumar stated that no wireless message was sent regarding the accused persons who had fled away from the spot. It is not believable on the part of the law enforcement agency that the message was not flashed on wireless when two of the police officials allegedly chased and followed one of the motorcyclists after he fired on the police officials and fled away from the spot."

Taking note of the allegation that Akram was found wearing a belt with six live cartridges, the court said, "It is very unusual and difficult to believe that a person is carrying live cartridges with him without possessing any pistol for firing the same." The court said the non-participation of public witnesses further dented the prosecution’s case.

The police inspector, the order underscored, submitted a site plan, where he failed to reveal the important material aspect regarding the position of police officials at the time of the incident.

"The discrepancies and the contradictions appearing in the testimony of prosecution witness (PW) 1 and PW2 make their testimony blemished and tainted. Thus, in the absence of corroboration by the testimony of any independent public witness, their unreliable testimonies do not inspire the confidence," it held.

Akram was stated to have charged under various IPC provisions, including Sections 307 (attempt to murder) and 186 (obstructing public servant in discharge of official duties).

"Section 195 of Code of Criminal Procedure (CrPC) says that no court shall take cognisance of any offence punishable under Section 186 of the IPC except on the complaint in writing of the public servant," the court said.

It noted that a magistrate court previously framed charges against the accused based on the chargesheet and on that date, a written complaint was not submitted.

"Thus, the cognisance in this case has been vitiated. The law is very much settled on this aspect that non-compliance of Section 195 of the CrPC is such a defect which cannot be cured and its non-compliance renders the trial itself void ab initio," the court underlined.