The Delhi Police Commissioner has been directed by a court here to initiate enquiry and take action against erring policemen
for serious discrepancies and lapses in the probe of a case related to illicit supply of arms and ammunition.
The sessions court’s direction to the Commissioner came while setting aside the conviction and five-year jail term awarded to a man in
the case by a magisterial court, saying the trial court has committed “serious error of
law by ignoring glaring discrepancies” in the
prosecution case.
Additional Sessions Judge (ASJ) Sanjay Sharma allowed the appeal of Kharak Singh, resident of Ghaziabad in Uttar Pradesh, and acquitted him in the arms case. Singh had challenged his conviction and five years
jail term awarded by a magisterial court in October 2012 for possessing arms
and ammunition.
“In view of the discrepancies, inconsistencies, lapses and contradictions in the investigation, this court is
of the opinion that there are serious doubts about the authenticity of the prosecution case. It appears that it was a planted case. The recovery of arms and ammunition had not taken place in the manner and on the date, time and place
as alleged by the prosecution,” the sessions court said.
The court directed the Police Commissioner to conduct an enquiry against a head constable and other members of the raiding team and take appropriate action after fixing their responsibility.
It also asked the Commissioner to give the action-taken report (ATR) in the court within a month from the date of order and send a copy of the decision to the office of Commissioner of Police.
It also raised questions over the manner in which sanction for the prosecution of the
man was granted by an additional DCP “without applying his mind”.
“It was expected from him that he should have applied his mind to the broad features of the case of the prosecution before granting sanction for the prosecution of the appellant,” the court said.
Setting aside the magisterial court’s judgement, the ASJ said that the trial court has not considered the prosecution evidence in proper perspective.
“It has not taken into account the discrepancies, lapses and inconsistencies in the prosecution case. Trial court has committed serious error of law by ignoring glaring discrepancies in the prosecution case while recording a judgment of conviction,” the sessions court said. Police got information on May 5, 2011, that Singh, a resident of Ghaziabad, was indulging in illicit supply of arms and ammunition and he would come near Wazirabad Road in Delhi for supplying them. A raid was conducted and Singh was nabbed near Ambedkar College in Yamuna Vihar in North-East Delhi. During his search, he was found carrying a caché of countrymade pistols and cartridges.