Court lets off theft accused as complainant untraceable
A court here has acquitted a man, accused in a theft case, after the complainant went missing and prosecution failed to examine any other witness in the case.
Metropolitan Magistrate Ashok Kumar acquitted Raja Ram facing trial for snatching a purse containing Rs.200 from the left pocket of the complainant Raj Kumar by using criminal force at Gurgaon Bus Stand, Sarai Kale Khan, Sunlight Colony in south Delhi Nov 20, 2013.
The court framed various charges dealing with theft, using criminal force to commit theft and common intention on July 21 against Raja Ram to which he pleaded not guilty and claimed trial.
The court order came after observing that no witness was examined by the prosecution in support of its case, while even the complainant in the case was untraceable.
"Summons issued to complainant Raj Kumar through all modes including through concerned DCP were received back unserved with the report that the said person has left the address given where he was living as a tenant and his present whereabouts are not available," the court said.
"In my view there is no use of continuing with the trial as the above said material witness is not available to depose in respect of this case, despite the summons being sent to him," it added.
The order was delivered Thursday and released Friday.
(Posted on 02-08-2014)