Additional Sessions Judge (ASJ) Sanjeev Kumar absolved Delhi resident Jitender of charges of attempt to murder Nepal resident Ram Bahadur saying the injured could not be traced since the case was lodged and the prosecution has failed to prove the offence against the accused.
"Independent public witnesses Rajender and injured Ram Bahadur could not be traced despite sending summons through station house officer (SHO), hence, no incriminating evidence has come up against accused (Jitender).
"Therefore, I hold that prosecution has miserably failed to prove the offence against Jitender and he stands acquitted for the offence punishable under section 307 (attempt to murder) of IPC," the court said.
As per the prosecution case, while Ram was on duty on May 15, 2008, he saw three-four boys standing near the housing society gate in North West Delhi.
On enquiring what they were doing there, the boys asked Ram to give them a "bidi" and a match box, which he did but when he asked them to return the same, they started abusing him and also attacked him with a long sharp-edged weapon, it had said.
The prosecution further said the alleged attackers inflicted injuries on Ram's neck and stomach.
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Ram raised alarm on which another security guard Rajender rushed to save him while the boys fled away on seeing him, the prosecution had said adding the police later arrested Jitender at the instance of witness Rajender.
The prosecution further said Jitender had disclosed the name of other accused persons involved in the crime but they were discharged earlier from the case as the eyewitnesses could not identify them.