Delhi court acquits 2 men in robbery case for 'false implication', pulls up police

A Delhi court on Thursday acquitted two men in a robbery case, saying that their false implication cannot be ruled out, and asked the police commissioner to look into the manner in which the probe was conducted.

Additional Sessions Judge Vinod Yadav acquitted Ishwar and Nonu by giving them the benefit of doubt while noting the delay in registration of FIR, improper investigation, and false implication.

“False implication of accused persons in the matter cannot be ruled out. The prosecution story is apparently shrouded with doubts and contradictions,” ASJ Yadav wrote in an 18-page long judgment.

It was the case of the prosecution that the duo robbed one Ram Parkash at gunpoint on April 30, 2016, in Yamuna Vihar. They were arrested for offences such as robbery and extortion.

The judge directed the copy of the judgment be sent to Delhi Police Commissioner “with a request to look into the manner in which the FIR was registered and the kind of investigation which was conducted by the investigating officer”.

“It is also reminded to him that the Delhi Police claims itself to be a premier investigating agency based in the capital of India having important seats like Parliament, the Hon'ble Supreme Court of India, and other premier offices of the Central and State Governments,” the court remarked.

This is the classic case that clearly shows how to frame an accused in false cases and then keep him behind bars for years together on the strength of invocation of stringent provisions of Maharashtra Control of Organised Crime Act (MCOCA), the judge said.

He further emphasized that there were clear allegations against the Assistant Commissioner of Police of Sub-Division and Joint Commissioner of Police of the Range which were never investigated.

Notably, the accused had earlier told the court that they were falsely implicated in the matter by the complainant in connivance with the Joint CP, Delhi Police of the Range as well as the ACP of the Sub-Division.

It was also stated that with a view to frame the accused persons in a case under the MCOCA, four FIRs were lodged against them within a span of short time.

“After the arrest of the accused persons in the said matters, they were involved in case FIR 406/2016, PS Bhajanpura in a case of MCOCA in connivance with ACP of the Sub-Division and SHO, PS Bhajanpura,” the judgment copy stated.

The judge said that he has an ingrained belief that the accused were pummelled in the matter by the investigating agency under some sort of conspiracy to prepare a ground for their implication in a case of MCOCA.