Man acquitted in cop's assault case as prosecution fails to prove guilt
Chandigarh, Oct. 17 -- The court of ACJM, Rahul Garg on Thursday acquitted an accused in a case of assault on a traffic cop in 2018. The court acquitted Jasdeep Singh Bains, who was facing charges under sections 186, 323, 332, 353, and 427 of the Indian Penal Code.
As per the FIR, Bains misbehaved with cops at a drunken driving naka near Government School, Sector 7, Chandigarh on September 30, 2018.
According to the FIR, the incident occurred near the Government School in Sector 7, Chandigarh on intervening night of September 29 and 30, 2018, where police had set up a drunken driving naka. Jasdeep Singh Bains, who was sitting in the rear seat of a Toyota Innova refused alcometer testing, and allegedly misbehaved with traffic police officials.
The FIR stated that he tore the police head constable Satpal's reflector jacket, threw his body camera, and pushed him, resulting in a knee injury to him. The police had seized the jacket and camera and conducted medical examinations following the incident.
Defence counsel advocate Rajesh Sharma highlighted various gaps and contradictions in the prosecution's case. He argued that the eyewitness testimonies of police officials were nearly identical, suggesting they were templated or coached, and failed to withstand cross-examination. Notably, key prosecution witnesses either contradicted their earlier statements or were declared hostile, further weakening the prosecution's narrative.
The defence also pointed out the absence of crucial physical and digital evidence in court, such as the non-production of the reflector jacket and body camera allegedly damaged during the incident. Despite the presence of multiple body cameras with other police officials present at the scene, no footage was preserved or presented in the trial, which the defence argued amounted to suppression of best evidence.
Another major flaw highlighted was the failure to prove that head constable Satpal was on official duty at the time and place of the incident, a requirement for charges under sections 186, 332, and 353 of IPC. The defence cited judicial precedents emphasising that lawful duty must be established for such charges to stand.
Additionally, the foundational premise of the traffic stop-drunken driving-was not substantiated, as no alcometer test was conducted on the driver of the vehicle. This omission, along with procedural lapses and missing evidence, led the defence to argue that the prosecution failed to prove its case beyond reasonable doubt.
In his submissions, advocate Rajesh Sharma stressed that the contradictions in witness statements, absence of independent witnesses, and missing exhibits such as body camera recordings and reflector jackets, all pointed to a fabricated prosecution story.
He further argued that the minor and unsubstantiated nature of the alleged injury, coupled with the lack of proof of lawful duty, entitled the accused to acquittal as supported by multiple Supreme Court judgments.
The court, after considering these arguments and the legal precedents cited, found that the prosecution had failed to establish guilt beyond reasonable doubt and acquitted Jasdeep Singh Bains of all charges....
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