Court acquits five accused of abduction, murder due to lapse in investigation

New Delhi [India], March 4 (ANI): Delhi's Karkardooma Court has acquitted five accused of abducting a man and beating him to death 15 years back in 2010. The court said that there were serious lapses in the investigation.
The deceased was abducted from near Nanaksar Gurudwara. An FIR was registered at the Police Station Sonia Vihar.
While acquitting the accused persons, the court held that the prosecution had failed to prove its case beyond all reasonable doubt against the accused persons.
However, the court pulled up Delhi police for a faulty investigation. It was observed that important evidence was not sent for forensic examination.
Additional Sessions Judge (ASJ) Pankaj Arora acquitted Bachchan Nagar, Umesh Kumar, Yogesh alias Kalli, Parvinder alias Titu and Praveen Nagar, giving them the benefit of the doubt.
The court said that it is well-settled that the prosecution has to prove the accused's guilt beyond reasonable doubt.
The court held, "Therefore, based on the material available on the record, the case of the prosecution becomes doubtful and the benefit of doubt certainly goes in favor of the accused persons."
"Accordingly, taking into consideration the facts and circumstances of the case, accused persons namely Bachchan Nagar, Umesh Kumar, Yogesh alias Kalli, Parvinder alias Titu and Praveen Nagar are hereby acquitted of the charges punishable under sections 302, 364, 201, 34 of IPC," the court ordered on February 28.
This case is related to the abduction, murder and destruction of evidence. It was alleged that the deceased Kamal Singh was abducted on July 12, 2010, in a car by the accused persons.
The court observed that the investigation was not proper."It is observed that no efforts have been made by the Investigation Officer (IO) to send the incriminating articles chappal and iron rod for forensic examination to determine as to whether the said articles had any blood stains or not, which in the opinion of this court is a serious lapse in the investigation," the court said.
The court further said that Nor he (IO) got the recovered car was examined through an FSL expert to determine as to whether the same bears blood stains or not.
"No efforts have been made by the investigating agency to lift the fingerprints from the knife recovered alongside the dead body of deceased Kamal," the court said in the judgment. (ANI)