More than four years after a man was shot dead during a robbery bid in Ashok Vihar, a Delhi court has discharged five accused, saying their disclosure statement was inadmissible as evidence and nothing connected them with the crime.
The court, however, ordered framing charges against the sixth accused, noting that the weapon allegedly used in the murder was recovered from him and that he was seen chasing the deceased in CCTV footage.
Additional Sessions Judge Vikram was hearing a case against Ajay Sharma, Deepak, Saleem, Hari Mohan, Jogender and Jitender alias Smakiya, who were accused of intercepting the victim Nasim, who was carrying Rs 1.75 lakh, and shooting him dead on February 28, 2019 in Ashok Vihar.
Referring to two Supreme Court verdicts of 1996 and 2016, the court said, “Nothing confessed by accused persons before police officials is admissible as evidence No fact was discovered from the confessions which can connect them with the crime except the fact they were in contact on the telephone with each other.”
The court said there were no public witnesses to show the accused were present at the spot, nor was there any evidence, except for the disclosure statements linking the seized vehicles allegedly used in the offence with the crime.
“The only material admissible in this case is the discovery of firearm from accused Ajay Sharma, who is otherwise already captured in CCTV footage chasing the deceased,” it said in an order dated December 15.
Underscoring that no prima facie case was made out against the five accused, the court discharged them. It, however, said Sharma will face trial for the offences under the Indian Penal Code section 302 (murder) and provisions of the Arms Act.
According to the prosecution, Sharma, Deepak, Saleem and Hari Mohan were the ones to be arrested first and they confessed to the crime. Joginder and Jitender were arrested later on a tip-off, and they also gave disclosure statements about their involvement in the incident.
