No elevation from 'may be true' to 'must be true', says Delhi court; acquits man in murder case
New Delhi (PTI): A Delhi court has acquitted a man who was accused in a murder case from 2019, saying the charge was not proved.
The court said that the prosecution failed to elevate the case from "may be true" to "must be true", which was required for the conviction of an accused.
Additional Sessions Judge Bhupinder Singh was hearing the case against Vishal, who was accused of stabbing Virender, at a park in Karol Bagh on August 12, 2019.
In an order dated November 11, the judge said, "This court has no hesitation in holding that the circumstances relied upon by the prosecution have not been fully established, and they are not conclusive in nature."
The hypothesis of guilt could not be the only hypothesis based on the facts brought on record, according to the court.
"The prosecution, from the quality and quantity of the evidence, could not prove the chain of circumstantial evidence, which could only lead to one inference, that is, the guilt of the accused,” the court said.
It also noted that the incident happened in a crowded public area (park), but the prosecution did not examine a single public witness.
It stated that the prosecution's omission of examining public witnesses and failure to explain the reason behind it raised serious doubts about the "fairness" and "transparency" of the investigation.
The case was registered at the Desh Bandhu Gupta Road police station against Vishal under Section 302 of the IPC (punishment for murder).
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Two arrested in K'taka for assaulting minors, uploading CSAM content
Bengaluru (PTI): Two men were arrested for allegedly sexually assaulting two minor girls, recording the acts on mobile phones and uploading the videos online as child sexual abuse material, police said on Thursday.
The accused have been identified as Kiran Kumar (29), hailing from Chitradurga district, and Aditya M K (20), hailing from Shivamogga district, they said.
A probe was initiated after information was received from the NCRP portal regarding a suspected instance of creation of Child Sexual Abuse Material (CSAM) for online dissemination, police said.
Accordingly, a case was registered at Kaggalipura Police Station under relevant sections of the IT Act on May 10, they added.
Investigation revealed that two minor girl victims were exploited and videos were created and uploaded to the internet. The child victims have subsequently recorded their statements as per procedure and further necessary legal steps have been taken, Pronab Mohanty Director General of Police, Cyber Command, said in a statement.
Based on the statements of the victims, the accused persons, who allegedly assaulted the minors, recorded the acts on mobile phones and uploaded the videos online, were arrested, he said.
Following the probe, sections 65(2) (rape) and 70 (gangrape) of the Bharatiya Nyaya Sanhita, along with relevant sections of the POCSO Act, have been added to the FIR, police said.
Officials collected relevant information and on May 12, arrested the accused persons and seized three mobile phones belonging to them, in which the videos had allegedly been recorded, he said.
The accused were later produced before the court and taken into police custody for further investigation, he added.
According to him, in CSAM cases, police usually apprehend offenders who have downloaded such content or have kept them in their possession after obtaining them from elsewhere, usually the internet.
"The present case is one of the very few instances where content creators and uploaders have been apprehended," Mohanty added.
