Implicated by Delhi Police, man comes clean after 10 years

New Delhi: A man implicated by Delhi Police in the death of a senior citizen by rash and negligent driving has after a decade of trial succeeded in demolishing the prosecution theory in the court and proving that the victim died in an accident between two buses. Much to the embarrassment of the Delhi Police, the court said its version has been proved wrong by its own witnesses for giving benefit of doubt to the accused. “All the facts show that the defence taken by the accused that there was an accident between two chartered buses is proved by the prosecution witnesses. Thus, this erodes the credibility of the prosecution version,” Metropolitan Magistrate Ekta Gauba said.

“All the facts of the case show doubt on prosecution story. Prosecution has miserably failed to prove its case beyond reasonable doubt and no specific role has been alleged against the accused. “The benefit of doubt goes in favour of the accused. Hence, the accused is hereby acquitted of the charges levelled against him by giving him the benefit of doubt,” the judge said adding there was no incriminating evidence against the accused.

Mohammed Shariq was accused of hitting an old man Sunder Lal on July 16, 2001, with his motorbike near ITO causing his death.

The only eye witness Shankar Thakur cited by the prosecution turned hostile. “This fact throws doubt on the prosecution story,” the judge said. Thakur had told the court that the old man, who died in the accident, was crossing the road without using the zebra crossing when it was not a green light.

Shafiq, in his defence, had said that on July 16, 2001, the accident took place between two chartered buses but the investigating officer came to his house and took his signature on some documents saying a case would be registered against the person by whose vehicle he had sustained injuries. “Later on, I came to know that I was falsely implicated in the case by the police,” Shariq added. (P T I, 14 April)

This article appeared in The Milli Gazette print issue of 1-15 May 2011 on page no. 11

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