NEW DELHI: A Delhi court has acquitted nine persons, accused of beating their relative after he refused to transfer a plot of land in their name, saying his deposition was suffering from serious lacunas and he had motive to falsely implicate them.
Metropolitan Magistrate Dhirendra Rana let off the accused persons, saying that lacunas in complainant Girdhari Lal's deposition had shaken the foundation of the prosecution case. The accused acquitted in the case include Kishore, Ravi, Devi Dayal, Ramesh, Deepak, Mukesh, Heera, Monu and Parkash, all residents of west Delhi.
"Law is settled that a person can be convicted on the basis of single and sole testimony but that deposition is to be weighed by the court and court has to segregate chaff from the grain," the court said. "The deposition of this witness (Lal) is suffering from various and serious lacunas which has shaken the foundation of the prosecution case," it said.
The court also said that it was highly unnatural and improbable that Lal, after being beaten by nine persons, received only simple injuries during the incident.
"Complainant (Lal) has a motive to falsely implicate the accused persons on account of property dispute pending between them. Presence of motive to falsely implicate when kept in light with the facts... gains significance in this case," it said.
According to the prosecution, the accused persons asked Lal to transfer the plot in their names and when he refused the same, they beat him up with iron rod, sticks, hockey etc. and he suffered simple injuries.
The FIR claimed that there was property dispute between the complainant and accused persons and parties were related to each other.