Lack of evidence: court acquits two in murder case

Two persons, accused of killing a person, have been acquitted by a Delhi court which said the prosecution failed to prove the case beyond reasonable doubts.
Additional Sessions Judge Paramjit Singh freed Najafgarh residents Naresh and Sachin while giving them benefit of doubt saying there was nothing on record to prove their guilt.
"Having regard to the fact and circumstances of the present case, I am of the considered opinion that the prosecution has failed to prove the guilt of accused persons on record beyond reasonable doubts.
"Accordingly, I acquit both the accused of the charged offences, giving them the benefit of doubt," the judge said.

The court observed that for an accused being convicted only on the basis of circumstantial evidence, circumstances should be unerringly pointing towards the guilt of the accused and should form a chain so complete that there is no escape from the conclusion.
"It is clear that in order to convict the accused on the basis of the circumstantial evidence, it is essential that the circumstances from which the inference of guilt is sought to be drawn must be cogently...And unerringly pointing towards guilt of the accused and the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else," the judge said.

According to the prosecution, on January 31, 2014 at DDA Park in Dwarka here, both the accused allegedly killed Narender Kaushik and absconded.

Kaushik went missing on January 31, 2014, after he left for his work on his motorcycle, following which a missing complaint was lodged by his son, the police said.
The court, while acquitting the accused, observed that the testimonies relied on by the prosecution lacked confidence and there were material contradictions in the case.
"...There are material contradictions/ discrepancies in the testimonies and these contradictions/discrepancies are fatal to the case of the prosecution," it said.