New Delhi, Feb. 6 -- A Delhi court has acquitted a man of the charge of stabbing his wife over the absence of her testimony, a primary evidence.
Additional sessions judge Twinkle Wadhwa was hearing a case against the accused Ajay Kumar Mandal, against whom the Sonia Vihar Police Station registered an FIR under Section 308 (attempt to commit culpable homicide) of IPC.
The prosecution alleged that Mandal stabbed his wife, Nikki Devi, on August 27, 2019 but informed the court that she was not traceable and repeated summons to her remained unserved.
In an order dated February 4, the court noted the prosecution's argument that the blood of the injured matched with the blood on the seized articles.
"Only because the complainant's blood matched with the seized articles does not prove anything as complainant herself has not appeared before the court to state that any such (stabbing) incident happened with her," the court said.
On forensic evidence, the court said such evidence was merely corroboratory and could not replace the primary evidence of the complainant's testimony. "Further police witnesses who have been examined in this case have only proved the investigation, and their evidence is secondary. It cannot replace the primary evidence lacking in this case," it added. Acquitting the man, the court held the charge against him was not proved.
Published by HT Digital Content Services with permission from Millennium Post.