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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Will give suitable answer on L&O situation in Karnataka during winter session: Minister Parameshwara
Bengaluru (PTI): Home Minister G Parameshwara on Saturday said that he will give a suitable response in the state legislature about the law and order situation in Karnataka, if the opposition raises the matter to target the government.
Opposition BJP has made it clear that the law and order situation will be among the main issues that it will raise during the winter session.
The winter session of the Karnataka legislature will begin in Belagavi on December 8 and will go on till 19th of this month.
"I will give a suitable answer (in the Assembly), if they (opposition raise), as to how the law and order situation is in Karnataka and in BJP-ruled states. Also, how law and order was there when the BJP was in power in the state, and how it is now with figures," Parameshwara said in response to a question.
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Speaking to reporters here, he said he is not saying that there have been no incidents in the state, but it has to be told as to how the situation was there during the BJP's rule and how it is now.
Asked about how the government will defend notorious criminals and a terror suspect allegedly enjoying preferential treatment inside the Parappana Agrahara Central Jail, the home minister said, "When the majority of the incidents took place, which government was there? All this will be informed in the Assembly when the issue is raised."
Admitting that such incidents have occurred under the current government's tenure too, he said, appropriate action has also been taken against those involved and the officials responsible. "But, old videos were circulated and it was projected as it took place now. I will explain each incident," he added.
To a question on Special Investigation Team (SIT) probe into allegations of "multiple murders, rapes and burials" in the temple town of Dharmasthala, Parameshwara said, he would inform the factual position to the legislature, if raised in the House.
"SIT has submitted the report to the court. They have also submitted it to the government. If the issue is raised, we will inform the house. Factual position has to be told. What is there to hide?"
Asked about his meeting with senior Minister Satish Jarkiholi, amid leadership speculation in the state, Parameshwara said, some time the meeting with Jarkiholi might be on work-related matters as he holds a major PWD portfolio, while sometime it will be for casual political discussions.
"What is there to hide in it? We have met in the past too," he added.
