An ex-DUSU President, accused of damaging property of Delhi University Library and threatening a professor over a decade ago, has been acquitted by a court after prosecution witnesses failed to identify him.
Metropolitan Magistrate Shilpi Jain acquitted former President of Delhi University Students' Union (DUSU) Nakul Bhardwaj of the offence under section 427 (mischief causing damage to the amount of fifty rupees) of the IPC.
He was earlier discharged of the offence of criminal intimidation under section 506 of IPC.
"In the fact and circumstances, case of prosecution is not supported by key/eye witnesses, as they have deposed nothing incriminating against the accused...The offence has not been proved beyond reasonable doubt and benefit of doubt goes to the accused. Accordingly, Nakul Bhardwaj stands acquitted," the magistrate said.
The court's order came on the complaint lodged by former professor K M Shrimali, the then librarian of DU, alleging that on June 26, 2004 the ex-DUSU President had come to his office to meet him but was asked to wait as he was busy.
Bhardwaj, instead, entered the office and started hurling abuses at the professor, who is now retired, and breaking property inside the library, it was alleged.
However, the complainant and two other prosecution witnesses denied the incident while deposing in court and also failed to identify the accused.
"All the three key witnesses failed to identify accused as well as case property. All three of them have categorically deposed they cannot identify the accused," the court said.
According to the complaint lodged by the now retired professor, Bhardwaj had also allegedly extended threat to him saying he was an ABVP leader and he will not spare him.
The accused had denied all the allegations against him and stated that he has been falsely implicated in the present case as complainant belongs to opposite political party.
The complainant has alleged in the plea that such slogans
were shocking, damaging for the country and an open challenge to its unity and safety and the judicial system.
It has alleged that organisers of the seminar had misled the college administration to obtain the nod for the event and "conducted activities against the nation and tried to wage a war against the country".
It has sought lodging of an FIR for the alleged offences of sedition, criminal conspiracy, waging war against the State and defamation under the IPC.
On February 21, members of RSS student wing ABVP had gathered outside the college and shouted slogans in protest against a seminar for which JNU students Omar Khalid and Shehla Rashid were invited. The ABVP members allegedly pelted stones, vandalised the venue and disrupted the seminar.
The next day violent clashes erupted between Left and ABVP students leaving several students and three teachers injured.
