HC acquits man in attempt to culpable homicide case

The Delhi High Court has set aside a lower court verdict, convicting a man for assaulting his neighbour following a dispute over a kiosk, on the ground that change in the complainant's statement was an "afterthought" and cannot be relied on. "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 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 "beyound resonable" doubt. The court allowed the appeal of Rajpal, a resident of north-east Delhi, who had challenged his conviction under section 308 (attempt to commit culpable homicide not amounting to murder) of the IPC. The lower court, which had convicted him, ordered his release on probation.
 
Rajpal had allegedly hit his neighbour Dharmbeer on his head on October 20, 2004, following a dispute over the ownership of a kiosk here. The police, which initially did not register the FIR over the incident, later registered the case on the direction of a magisterial court. The complainant did not name Rajpal in his statement before the police. However, during the trial, he named Rajpal as the accused. The High Court acquitted him.