NEW DELHI: A secretary of the Delhi Pradesh Congress Committee has been acquitted by a trial court in a public property defacement case after
Delhi police failed to produce any evidence against him.
Absolving Vijender Jindal of the charges of defacing public property, metropolitan magistrate Manish Khurana said just because the banner was carrying his photograph did not prove that it was affixed by him.
"The prosecution has neither produced the alleged banner on record nor has proved that the alleged banner was affixed by the accused (politician) only. Merely because it contained the photograph of the accused is not sufficient to prove the case of the prosecution against the accused," the court said.
The court also pulled up the police, saying it did not make sincere efforts to prove Jindal's guilt. Conviction for defacement of public property under Section 3 of the West Bengal Prevention of Defacement of Property Act entails a jail term up to six months, besides a fine of Rs 1,000.
Jindal, who had contested the 2008 Delhi Assembly elections from Rohini constituency, was booked for allegedly defacing public property by sticking Diwali greeting posters on roadside pavement walls.
As per the prosecution, the posters wishing Diwali and Guruparva were noticed on the side of a footpath near Aggarwal Center Plaza in Prashant Vihar on October 25, 2008. The posters also had the photograph and the name of Jindal printed on them.
Jindal was booked in October 2008 itself but was arrested in March 2009. With his arrest effected for a bailable offence, he was released by the police on a personal bond. The court pulled up the investigating officer of the case and said he had failed to explain what steps he took after seeing the banner at that place till Jindal's arrest. In the case, prosecution had examined only three witnesses, all police personnel.
"It is very clear that the witnesses have totally failed to prove that the banner was affixed by Jindal or was installed under his instructions. No public witness has been joined to the same," the court said.