Noida Court Orders Release of Five After Decade-Long Incarceration, Highlights Grave Investigation Lapses
In a significant judicial ruling, a district and sessions court in Noida has acquitted and ordered the immediate release of five individuals who had spent an entire decade behind bars on charges of murder. The court delivered its verdict on Saturday, sharply criticizing the police investigation for failing to establish the identity of the perpetrators or conclusively determine how the alleged murder was committed.
Background of the Case and Initial FIR
The case traces back to an FIR registered on June 5, 2016, by a local resident named Palwinder. He accused unknown persons of attacking his brother-in-law, Balwinder, on June 1, 2016, while Balwinder was traveling from Bulandshahr to Noida. According to Palwinder's complaint, assailants intercepted Balwinder's vehicle, looted approximately Rs 22,000, and shot him at close range. Balwinder subsequently succumbed to his injuries while undergoing medical treatment.
Based on their investigation, the police arrested five accused individuals: Shariq alias Goli, Sajid alias Mithun, Mahfooz alias Munna, Moin alias Titir, and Taiyyab. They were charged under sections 302 (murder), 302/34 (murder with common intent), and 120B (criminal conspiracy) of the Indian Penal Code.
Court's Scrutiny Reveals Critical Investigation Failures
The court identified multiple gross lapses in the police probe that fundamentally undermined the prosecution's case. A primary failure was the absence of a Test Identification (TI) parade, which would have allowed witnesses to confirm whether the five accused were indeed the perpetrators. Without this crucial step, the police could not reliably establish the identity of the attackers.
Furthermore, the medical evidence presented was found to be insufficient and contradictory. The autopsy report, prepared by Dr. Rajesh Kumar, indicated that when the body was received, the abdomen was torn with 26 stitches, but notably, there were no firearm injuries. Dr. Kumar stated he could not determine the cause of the internal abdominal injuries, as the body had been brought to him after an operation. The cause of death was recorded as septic shock and blood infection, not a gunshot wound as alleged by the police.
Witness Testimonies Further Weaken Prosecution's Stand
The court also examined witness statements that further eroded the prosecution's narrative. Palwinder had initially mentioned in the FIR that Vikki, the vehicle's cleaner, was present at the scene and witnessed the crime. However, during cross-examination, Palwinder admitted he did not disclose Vikki's presence earlier. When questioned, Vikki himself stated he could not identify the accused, rendering his testimony ineffective for corroboration.
These inconsistencies and lack of concrete evidence meant that satisfactory medical and testimonial support for the prosecution's allegations could not be collected. The court emphasized that under these circumstances, the accused deserved the benefit of doubt.
Judicial Ruling and Immediate Consequences
In its ruling, the court explicitly acquitted all five individuals of the charges of murder and criminal conspiracy. The judge noted that the investigation's failures adversely affected the prosecution's case, ultimately leading to the acquittal. Consequently, the court ordered the immediate release of Shariq alias Goli, Sajid alias Mithun, Mahfooz alias Munna, Moin alias Titir, and Taiyyab from jail.
This case underscores critical issues within the criminal justice system, particularly regarding investigative protocols and the reliance on robust evidence. The decade-long incarceration of the accused highlights the profound human cost of procedural lapses, while the court's decision reaffirms the judicial principle that conviction must be based on incontrovertible proof beyond reasonable doubt.
