NEW DELHI: A Delhi court acquitted three people in an attempt-to-murder case while noting that the sanction required for prosecution under section 39 of Arms Act has not been procured by the cops till date in a 2010 case.
Additional sessions judge Gagandeep Singh acquitted Sunil, Arun and Deepak from the charges under section 307 (attempt to murder) and 34 (common intention) of IPC.
The court noted that procuring the required sanction under section 39 of the Arms Act was mandatory even for taking cognizance, and therefore, even the charge should not have been framed in the absence of it.
It said it was not clear from the entire record as to the status of the required sanction. It added all eyewitnesses denied that the accused were the people who had fired upon them.
In these circumstances, when all the material eyewitnesses have turned hostile, the remaining evidence produced by the prosecution either in the form of police investigation or medical evidence is inconsequential as the same does not at all connect the accused with the said alleged incident, the court added. “There is no evidence on record to connect the accused with the alleged incident of firing upon the victims,” the July 8 order stated.