New Delhi, Oct 8 (PTI) A court in Delhi has acquitted two men of the charges of committing robbery in a 2015 case.
Additional Sessions Judge Kumar Rajat was hearing a case registered by the Nand Nagri police station against Rahisu and Shabuddin under IPC Sections 397 (robbery or dacoity with the attempt of causing death or grievous hurt) and 392 (punishment for robbery), besides the Arms Acts provisions.
Advocate Manish Bhadauria, appearing as the amicus curiae (friend of the court) for Shabuddin, said that police had implicated him in a false case.
In an order dated September 22, the court said, "It is the admitted case of prosecution as well as the version of complainant, Manish Gupta, that accused persons were not wearing helmets at the time of commission of alleged robbery." "In this situation, the test identification parade (TIP) is all-important as the complainant had a chance to see the robbers, but still he failed to identify any of them, which gave the inference that these accused persons had not robbed the complainant on the alleged date, place and time." The court said that apart from the complainant, there was no other public witness in the case, nor were there any call detail records (CDRs) or CCTV footage.
After the complainant failed to identify the accused persons, the investigating officer did not record his supplementary statement, it said.
Noting the evidence before it, the court, however, said that a country-made weapon was recovered from them, and so a prima facie case was made against the duo under the Arms Act provisions. PTI MNR NB