By IANS,
New Delhi : The Delhi High Court Friday acquitted a man, convicted by a lower court for assaulting his neighbour in a dispute over a kiosk, on the ground that the complainant did not name him in the police report but during the trial.
“No case is made out against the appellant. Judgement of the lower court is set aside as the complainant did not name the accused in his statement before the police. His name came up during the trial,” Justice G.S. Sistani said.
Terming the change in the statement as an afterthought, the court said the prosecution could not prove the case beyond reasonable doubt.
The court allowed the appeal of Rajpal, a resident of northeast Delhi, who had challenged his conviction under section 308 (attempt to commit culpable homicide not amounting to murder) of the Indian Penal Code.
Rajpal had allegedly hit his neighbour Dharmbeer on his head Oct 20, 2004, following a dispute over the ownership of a kiosk here.