Court acquits man as witness remains untraceable

A Delhi court has acquitted a man of the charges of negligently driving a truck and injuring a person after the sole eyewitness did not turn up to depose.
Additional Chief Metropolitan Magistrate Sharad Gupta let off the man after noting that the prosecution had not been able to examine even a single witness in support of its case.
"Despite several opportunities, the prosecution could not secure the presence of complainant and sole eye witness Sanjay who remained unserved with report that no such person was available on the address mentioned despite the process having been sent to him on several occasions through Investigating Officer as well as Deputy Commissioner of Police concerned," the court said.

The court said that all the other witnesses were formal prosecution witnesses due to which prosecution evidence was closed.
"In the absence of examination of the sole eye witness/ complainant, the allegations against the accused could not be proved," the court said.
According to prosecution, on October 18, 2008, Uttar Pradesh native Shoukeen was driving a truck in rash and negligent manner and hit one TSR causing grievous injury to its driver Sanjay.
Police filed the charge sheet for offence under section 279 (rash driving) and 338 (causing grievous hurt) of IPC against the accused.
The accused, however, had submitted before the court that he was innocent and was not driving the offending vehicle at the time of accident and had not caused any accident.