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State vs . Sarvesh 2 Machaloo - Sc No. 37 Of 2014 1/3 on 9 November, 2015

6 On 30.10.2015, the accused was not produced due to law and order problem, when the matter was fixed for recording prosecution evidence. However, IO/SI Manjeet Singh was present. Complainant/victim Ms. Mohini, as per the State Vs. Sarvesh 2 Machaloo - SC No. 37 of 2014 2/3 report received from DCP/SED, New Delhi, was not traceable. IO had also submitted that despite all possible efforts, he could not trace out the complainant. 7 Ms. Mohini is the only victim as well as the star witness of the prosecution and in the absence of her statement, prosecution cannot prove its case against the accused beyond shadow of reasonable doubt, as the remaining witnesses are admittedly official and formal witnesses, being the police officials and doctors who had prepared the MLC of the victim/complainant, hence, no useful purpose would have been served by examining them. Accordingly, the prayer of the Ld. Addl. PP for the State to summon those official/formal witnesses has been declined and the PE has been closed today by the court order. 8 Since the prosecution has not examined even a single witness in this case, hence, there is no need to record statement of the accused under section 313 CrPC and the same has been dispensed with as it being a case of no evidence. Accordingly, the accused is acquitted of the allegations under section 307 IPC. He is now directed to furnish his bail bond in the sum of Rs. 5,000/­ in terms of provisions of section 437­A IPC.
Delhi District Court Cites 8 - Cited by 0 - Full Document
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