Delhi court acquits ex-MLA, 7 others for stopping train during 'Bharat bandh' in 2010

A Delhi court Tuesday acquitted a former BJP MLA and seven others for allegedly stopping Avadh Assam Express train during a 'Bharat bandh' in 2010.

Additional Chief Metropolitan Magistrate Samar Vishal said the case of the prosecution has "dents" due to which it cannot be said to have been proved beyond reasonable doubts.

The court held that since the identity of the accused persons except accused Anil Jha, the former BJP MLA, has not been established on record beyond reasonable doubts, the other persons cannot be convicted on this ground alone.

It said that regarding Jha, "although it appears that there are evidences against him, which points towards his guilt but there are factors, which diluted these evidences and weakened the case of the prosecution".

The court said that firstly, there is a delay in registration of FIR, which is unexplained.

"The complainant is a police officer. There is no external circumstance to prevent them from acting promptly. In fact, the accused were detained on the same day and therefore there was no reason for the police to immediately register the case and start investigation," it said.

Secondly, the offence complained in this case is that the train Avadh Assam Express was stopped by the accused persons, however, the contradiction in the testimony of one of the witnesses and the documents had created a doubt about the proof of the exact name and number of the train being stopped.

"Although the police witnesses have consistently stated that trains name, but due to lack of any concrete evidence in this regard from the railway authorities, the case set up by the prosecution does not convince," the court said.

"I firmly believe that the case of the prosecution has dents due to which it cannot be said to have been proved beyond reasonable doubts. Accordingly, all accused Gopal, Ranjit Choudhary, Anil Jayaswal, Umesh Vishva Karma, Suraj Pal Singh, Rajesh alias Lala Ram, Shyam Lal and Anil Jha are acquitted," the court said.

According to the police, during a 'Bharat bandh' or all-India shutdown on July 5, 2010, an information was received at control room, outer district that protesters have stopped a train near Prem Nagar Fatak. It claimed that Jha, along with 150-200 workers of the BJP with flags in their hands were found present on the railway track.