Court acquits highway robbers,reprimands police for ‘weak’ case

As per the prosecution’s case,Jai Pal was arrested along with three others while they were returning from Ludhiana after looting Rs 4.64 lakh at gunpoint. The others were identified as Gurshahid Singh Pawar alias Shera,Harinder Singh alias Tinnu (son of a UT police inspector) and Harjot Singh of Ludhiana. The police had recovered three revolvers,an automatic pistol and 30 live cartridges from their possession. The police are now planning to move the High Court even as the accused are off the hook. “It is a clear case of false implication of the accused persons. The prosecution has miserably failed to prove the guilt of the accused,” the court said. Here are some excerpts from the judgment.

‘Accused not part of gang’
“The prosecution has failed to prove that the accused persons formed an association,the purpose of which was to habitually commit theft or robbery. There is no fact on record proved by the prosecution in this regard. None of the prosecution witnesses,including the investigating officer,has said anything regarding the conspiracy mentioned,nor has any investigation been carried out in this regard,” the court said.

What ‘number‘game is this?
As per the police,the numberplate recovered from the accused is forged,as the chassis number never matched with the registration certificate. However,the court ruled: “There is no fact that even suggests that the accused persons have made false documents or fake numberplates. The recovery of fake numberplate becomes doubtful because the prosecution has failed to explain how they came in possession of cloth parcel exactly of the size of the recovered number plate. There are several material discrepancies,which create doubt as to the alleged fact of forged numberplates recovered…there is serious doubt on the recovery of the numberplate from the car,” reads the judgment.

Intention not established
The police had said they set up a barricade on June 30,2009 on the dividing road of Beant Singh Memorial and Artificial Lake in Sector 42. The defence argued that the barricade is not visible in the photos and the rough siteplan does not match with the facts. “There is no fact that even indicates that the accused had intention to commit robbery,” said the court.

Weapons don’t fire
“The prosecution has failed to produce anything to establish that the weapons are in a working condition,” the court said,while acquitting the accused under the Arms Act.

Busybody cop?
The court also directed the UT SSP to probe the role of the investigating officer for the false and fabricated presentation of the case. “Inspector Amanjot Singh has shown extra involvement in the investigation of the case,” said the court.