NEW DELHI: Two persons, accused of trying to dig out from the grave bodies of terrorists of the 2001 Parliament attack for "exposing them to vultures", have been acquitted by a Delhi court which said prosecution has failed to prove its case against them.
Metropolitan Magistrate Abhilash Malhotra gave benefit of doubt to Raghu and Vijay Sharma saying it was clear that prosecution witnesses have given contradictory statements in the court. "... It is clear that the prosecution witnesses have given contradictory statement in the court. The independent witness of the prosecution... is hostile on the point of identity of the accused.
The testimony of police officials is inconsistent and contradictory. "The prosecution has failed to prove its case against both the accused, accordingly benefit of doubt is given to both the accused," the court said, adding the authenticity of some documents allegedly recovered from the two accused remained unestablished and questionable.
The court freed Raghu and Vijay of the charge under sections 297 (trespassing on burial places) and 34 (common intention) of the IPC. A case was registered by Delhi Police at I P Estate Police Station against 10 people but charges were framed against Raghu and Vijay only. Police received information that some unknown persons, associated with a political party, were planning to exhume the bodies of December 13, 2001 Parliament attack terrorists from the graveyard at ITO here.
Prosecution said when police reached the spot on January 13, 2002, they caught Raghu and Vijay along with spade and stick as they were trying to dig out the corpses of the terrorists for exposing them to vultures. Both the accused had denied the allegations against them.