A man accused of trying to kill a woman by poisoning her has been acquitted by a Delhi court after the alleged victim failed to appear in court during the trial.
District and Sessions Judge Ina Malhotra freed Uttar Pradesh resident Krishan Kumar Yadav of the charges of attempt to murder (section 307), voluntarily causing hurt (section 324) and causing hurt by poisoning (section 328) of the IPC.
"Despite several opportunities, the complainant (woman) has not been produced before this court...Under such circumstances, where the complainant is not available, it would be futile to proceed further with the case. As such, prosecution evidence is closed," the judge said.
The court noted that summons had been issued to the woman not just through the Investigating Officer and Station House Officer (SHO), but by the office of the concerned Deputy Commissioner of Police(DCP).
It also noted that as per a report, the complainant was not residing at the address provided by her.
"A report has been received even from the alleged permanent residence of the complainant that there is no such person by the given name staying there," the court said.
"Since, the main witness i.E. The complainant has not been produced in court for her examination, the recording of the statement of accused is dispensed with... Accused is acquitted of the offences," it said.
According to the prosecution, Yadav had put some poisonous substances in the mouth of the woman with the intention of causing hurt to her, in Zamrood Pur area here on July 20, 2013.
Yadav was arrested the same day and charges were framed against him for the offence of attempt to murder and other offences under the IPC. He had pleaded not guilty and claimed trial.
