New Delhi [India]: Delhi’s Karkardooma Court recently acquitted a person allegedly giving false information telephonically to the police that a person had links with terrorists and was involved in a conspiracy to kill former Prime Minister Manmohan Singh.
The court acquitted the accused in view of insufficient material against him and in view of the fact that his identity was not established as the person who made a false call to the police from an STD booth for almost 18 years. In this regard, a case was registered at the police station New Usman Pur in July 2005. The accused was arrested and interrogated by the police and other agencies. Later on, he was granted bail by the court.
Metropolitan Magistrate Vipul Sandwar acquitted accused Mahesh giving the benefit of doubt and in view of the absence of evidence connecting the accused with the alleged offence.
The Prosecution has not been able to establish beyond reasonable doubt that accused Mahesh has committed an offence under 182/507 IPC and is found not guilty, the judge said in the order.
The court observed, “The evidence brought on record by the prosecution is not sufficient to link the accused to the commission of the crime.”
The court said that the prosecution has failed to establish the identity of the accused as the person who had made the false call to the police.
The prosecution has heavily relied on his only public witness Lalit Anand, the STD booth owner who has been unsettled in his cross-examination and has stated that he was not present in his shop at the time when the relevant call was made, the court said in the judgement of April 13.
The FIR was registered on the basis of information on July 20, 2005, received at Police Station New Usmanpur, regarding a piece of false information to the police on July 19, 2005.
It was mentioned that one Rakesh, owner of Sachin Telecom who had links with terrorists is involved in a conspiracy to kill the then Prime Minister Manmohan Singh.
On investigation, it was found that Rakesh Kumar is a respectable person and false information has been given through a PCR call using a phone number belonging to STD Anand Communications.
On enquiry from one Sahid, it was found that accused Mahesh had dialled 100 numbers from that phone and had given a piece of false information.
On December 3, 2010, the accused was charged for the offences punishable Under Section 182/507 IPC against the accused by the learned Predecessor of this Court, to which, the accused pleaded not guilty and claimed trial.
Advocate N K Singh Bhadauria counsel for the accused relied on the judgment of Megha Singh vs. State of Haryana wherein the Supreme Court held that in an FIR the complainant should not be the investigating officer as it may cast a shadow on fair and impartial trial.
In the present case, the FIR mentions the complainant as SI S. B. Gautam who also happens to be the IO in the present case, and the conviction cannot be based, the counsel further argued.