New Delhi, March 30: The Delhi High Court has acquitted two individuals sentenced to life imprisonment for murder. The court stated that the prosecution’s case relied on an eyewitness whose credibility was questionable, making the testimony unreliable.
A division bench, comprising Justices Pratibha M. Singh and Madhu Jain, accepted the appeals of Virender alias Bablu and Vikas alias Tinku, who had been convicted by the Rohini Court. They were sentenced under Sections 302/34 of the Indian Penal Code (IPC). Virender was also found guilty under Sections 25/27 of the Arms Act.
The High Court overturned the sentence, asserting that the prosecution had failed to prove the charges against the appellants beyond reasonable doubt, and ordered their release.
According to the prosecution, the victim was attacked by two individuals on a motorcycle, with the person seated at the back allegedly firing at close range, resulting in fatal injuries to the head and brain.
The trial court had primarily relied on the testimony of a single eyewitness, who claimed to have seen the accused shoot at the victim while riding the motorcycle. However, the Delhi High Court identified inconsistencies in the eyewitness’s account, noting that their behavior did not align with typical human conduct.
Justice Pratibha M. Singh’s bench remarked that a careful examination of the eyewitness’s testimony revealed numerous flaws, implausible statements, and behavior contrary to common human actions, casting doubt on their presence during the incident.
The ruling stated that, in the court’s considered opinion, the prosecution’s case hinged mainly on the testimony of this eyewitness, which was inconsistent and not credible. Therefore, it could not serve as the sole basis for a conviction.
Upon accepting the appeal, the Delhi High Court annulled the sentence, acquitted both defendants of all charges, and directed their immediate release unless required in another case.
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