Congress councillor Devinder Singh Babla. (File)
The ADJ court, which sentenced Congress Councillor Devinder Singh Babla to one year and six months of imprisonment in a case relating to allotment of sheds at Grain Market, has hinted that the witnesses had turned hostile as they did not want to annoy the accused, who is a resourceful person of the area.
The judgment read, “…At this stage of investigation, when the trial began, some of the witnesses turned hostile and did not depose against the accused facing trial and judicial conscience of this court is fully satisfied that these witnesses have turned hostile only because they did not want to annoy the accused who definitely is a resourceful person of the area and this court is fully satisfied that these witnesses had given correct statements before the police…”, read the judgement.
The court further observed, “…Turning of these witnesses to be hostile also indicates that the accused has not left any stone uturned to frustrate the process of the court…”
The judgment added, “…Perusal of the case file reveals that PW-12, Ashok Kumar, is not the only witness who turned hostile as several other witnesses have also turned hostile as PW-13, Rakesh Sahni, son of P L Sahni, has also not supported the prosecution version and he was declared hostile on request of ld. APP and was subjected to cross-examination…”
There were 19 witnesses in the case of which only five, including police officials and Prerna Puri, then UT official, supported the prosecution.
Meanwhile, based on the statements of witnesses, who supported the prosecution and evidences produced during trial, the court held the accused guilty.
The court held, “…in the instant case, the mitigating factors are that the convict is a municipal councillor and he belongs to an educated and reputed family but still he is not entitled to get the benefit of probation as it depends on the facts of each case to make a decision to extend the benefit of probation and circumstances of the present case do not warrant at all that the accused should be extended the benefit of probation and in case he is granted relief, then it shall not be in the interest of justice and society at large and it shall send a wrong signal to the society and as such, the benefit of probation cannot be extended to the accused…”
Babla was held guilty under sections 420 (cheating), 465 (punishment for forgery), 468 (forgery for cheating) and 471 (using genuine as forged) of IPC in the allotment of sheds at the Sector 26 Grain Market.