The court noted that the complainant based his complaint on "hearsay and not on the basis of his personal knowledge”.
Delhi Sikh Gurdwara Management Committee (DSGMC) president Manjinder Singh Sirsa and four others were acquitted in a case of rioting by a Delhi court on Tuesday. Additional Chief Metropolitan Magistrate Sachin Gupta said the complaint, which was the basis of registration of an FIR against them, “comes under a cloud and becomes a doubtful piece of paper when the complainant himself denied going through its contents before signing the same”.
The prosecution had argued that the alleged incident took place on November 15, 2012 at Gurudwara Rakab Ganj Sahib. It was alleged that a meeting was called by the then president Paramjeet Singh Sarna, during which the accused were part of a mob that pelted stones and damaged property.
The prosecution alleged that the accused had come to obtain records of the DSGMC, and that they “used force and violence in prosecution of the said common object of the unlawful assembly and also used deadly weapons like swords”.
The prosecution alleged that the accused caused injuries to three persons and destroyed DSGMC property.
The court however said that “contrary to the case of the prosecution, none of the above-mentioned witnesses supported the prosecution case to prove the charges against the accused persons”.
“They were also cross-examined at length by the Additional Public Prosecutor. However, nothing material and unimpeachable elicited from their cross-examination which would connect the accused persons to the incident in question or make them liable for any such offence. It is also well settled that a witness making inconsistent and/or contradictory statements as to the material facts and circumstances is unworthy of credence,” the court said.
The court noted that the complainant based his complaint on “hearsay and not on the basis of his personal knowledge”.
“This caused dent to the prosecution case. He also did not disclose the name of the persons who informed him about the incident… It strikes at the root of the prosecution case and makes the entire story of the prosecution doubtful,” the court said.
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