Wednesday, 1 October 2014

Accused in leopard skin seizure case acquitted

In a case registered on August 2008 by Delhi police and later prosecuted by Delhi Wildlife Department on seizure of one leopard skin, accused was acquitted by trial court and observed that:

The number of contradictions in the testimony of PWs regarding incidental aspects, the non­joining of the   public/independent witness makes the prosecution story doubtful and it does not inspire any confidence.

Prosecution has neither produced nor proved on record any DD entry showing departure of the aforesaid police personals from PS which creates doubt over their presence at the spot.

No identification memo of the case property was prepared or Placed on record.

PW2 was examined in pre­charge evidence and his further examination in chief was deferred for wants of case property but the case property remained un­identified by him as he was not examined   further   by   the   prosecution.   In   post   charge   evidence   also, case properties were not identified as PW2 opted to adopt his previous statement recorded in pre­charge evidence which was not complete, as his post charge

No   identification   mark   was   put   on   the   case   properties   at   the   spot   before sealing the same. Therefore, chances of tampering of case property can not be ruled out and it can not be said that the case property produced before the court are the same case property which was allegedly recovered from the
possession of the accused.

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