NEW DELHI: A Delhi court has acquitted three men accused of attempt to murder in a case dating back to 2017. The court cited significant doubts about the investigation, which led to the acquittal of Faeem Kureshi, Naeem Kureshi, and Hanif Khan.
The case involved allegations that on October 18, 2017, the accused entered the house of complainant Aslam and assaulted him. During the incident, Faeem was alleged to have fired a gun at Aslam.
Additional Sessions Judge Atul Ahlawat, in his 72-page verdict on October 9, noted inconsistencies in Aslam's testimony. The court pointed out that Aslam's brother Shakil, who reportedly arrived at the scene after the shooting, claimed to have witnessed the entire incident, which was seen as an "improvement" in his testimony.
The court noted the absence of bullet holes on Aslam's trousers, which were not sent for forensic analysis, and highlighted that the alleged weapon and bullets were not recovered from the scene. Additionally, the blood samples collected from the spot were not analyzed to determine if they were from the injured party, a human, or an animal.
The doctor treating Aslam did not rule out the possibility of self-inflicted injuries. "In the present case, there are serious doubts about the investigation, which cannot be brushed aside," the court noted.
The court stated that while there was a motive of previous enmity between the complainant and the accused, motive alone was insufficient. "Motive in itself is a double-edged sword. In cases which are based upon circumstantial evidence, motive plays an important role, however, not of so much importance in cases based on eyewitness evidence," the court said.
Additionally, the investigation had lapses such as the testimony of the person who called the police helpline not being recorded and issues with the police witness' testimony and handwriting mismatches in the documents. "Therefore, it does not inspire any confidence and the possibility of the accused persons being falsely implicated in the present case cannot be ruled out," the court concluded.