The Delhi High Court has acquitted two men who were serving life imprisonment for murder due to unreliable testimony from a sole eyewitness. Virender alias Bablu and Vikas alias Tinku had been convicted under Sections 302/34 of the Indian Penal Code, with Virender facing additional charges under Sections 25/27 of the Arms Act. The High Court found the prosecution failed to prove the charges beyond a reasonable doubt, leading to the release of the appellants.
The victim was allegedly attacked by two individuals on a motorcycle, resulting in his death from cranio-cerebral injuries. The trial court heavily relied on the testimony of a single eyewitness who claimed to have witnessed the accused firing at the deceased while on a motorcycle. However, the High Court identified significant inconsistencies in the eyewitness’s testimony, questioning its reliability and credibility.
The court raised doubts about the eyewitness’s behavior and the identification of the accused, noting the lack of a formal identification process. It also highlighted weaknesses in the prosecution’s claim of motive, emphasizing the absence of prior complaints despite alleged threats. The High Court stressed the need for reliable evidence in cases based on sole eyewitness accounts, emphasizing that suspicion alone cannot lead to a conviction.
