A man, accused of indiscriminately firing at two persons, has been let off by a court here which pulled up Delhi Police for allegedly manipulating the case diary.
The court also observed that in the absence of any convincing material on record to hold accused Dinesh guilty, his name in the case appeared to be "an afterthought".
"The manner in which the case diary was manipulated is not in good taste. It is also puzzling as to why spare set of case diary was not sent to VRK (Vulnerable Record Keeping). A copy of this judgment be, therefore, sent to DCP concerned with request to look into said aspects and to fix responsibility of the person concerned," Additional Sessions Judge Manoj Jain said.
"I am of the view that there is no convincing, compelling and persuasive material on record to hold Dinesh guilty. His name seems an afterthought and fabrication of case diary makes the things worse for prosecution and, therefore, I am compelled to give benefit of doubt to him," the judge said.
The court, however, held another accused Ashwani guilty of attempt to murder under IPC, saying the multiple gunshot injuries on the two victims clearly signify his "apparent intention" to eliminate the victims.
Ashwini absconded during the trial, the court noted and initiated a process under secton 82 of CrPC (Proclamation for person absconding) against him returnable on December 12 this year.
According to the prosecution, on May 10, 2011, Ashwani and Dinesh came on a bike and started firing indiscriminately at victims Rajesh and Narender.
Narender recognised Ashwani, who was riding pillion but failed to identify the rider in court.
During the trial, Ashwini claimed he was falsely framed in the case due to previous enimity with the victims.
The court, however, held that the injured would not let their assailants go unpunished merely to implicate a third party.
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