High Court Acquits Accused in Motorcycle and Sword Recovery Case..
Shimla, June 24 - The Himachal Pradesh High Court has acquitted Daljeet Singh and his co-accused Gurdev Singh in a case involving the recovery of a motorcycle and a sword.
The court found significant inconsistencies in the prosecution's evidence and witness statements, leading to the decision to overturn their previous conviction.
Case Background:
- Incident Date: April 5, 2013
- Case Filed: April 9, 2013
- Trial Court Verdict:June 15, 2023
- High Court Verdict:June 24, 2024
The case revolved around the recovery of a motorcycle, a sword (khanda/talwar), and plates. According to the prosecution, Daljeet Singh disclosed the location of these items during a police interrogation on April 9, 2013.
The police claimed the interrogation lasted about 15 minutes, while the Investigating Officer asserted it took 35-40 minutes. Witness Karamjeet Singh testified that Daljeet admitted to hiding the items, but his timeline did not match the other testimonies.
The division bench of the justice Vivek Singh Thakur and justice Rakesh Kainthla observed:
1. Conflicting Testimonies: Witnesses gave inconsistent accounts of the interrogation and the time of disclosure. One witness stated the disclosure was made around 10:30 AM, while another said it was closer to 11:30 AM.
2. Doubtful Recovery: The integrity and connection of the recovered clothes to the crime were questionable. No witnesses confirmed seeing the accused wearing the clothes on the incident date, and no incriminating evidence was found on them.
3. Witness Identification: Several witnesses, including Sunil Kumar (PW1), claimed they could not identify the attackers, who allegedly had muffled faces, contradicting parts of their earlier statements.
The court highlighted the flawed investigation, including the police's attempt to fabricate evidence. It noted the lack of clarity in witness statements and the prosecution's failure to resolve discrepancies during cross-examination.
The court emphasized that the benefit of the doubt should go to the defense, especially when key prosecution witnesses contradicted themselves or failed to support the prosecution's case.
In light of these factors, the High Court set aside the trial court's judgment and acquitted Daljeet and Gurdev, ordering their immediate release unless required in other cases.
Both accused must furnish a personal bond of ₹25,000 each, valid for six months, in case an appeal is filed.
