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BJP MLA acquitted in Patiala House assault case, court says those who captured footage not examined

A Delhi courtroom Tuesday acquitted BJP MLA Om Prakash Sharma and former Delhi MLA Tarvinder Singh Marwah, who have been accused of assaulting CPI member Ameeque Jamai outdoors Patiala Home Courtroom in February 2016.

Jamai was outdoors the courtroom ready for the manufacturing of former JNU College students’ Union president Kanhaiya Kumar within the 2016 JNU sedition case.

Further Chief Metropolitan Justice of the Peace (ACMM) Ravindra Kumar Pandey noticed that CDs/DVDs seized from varied media homes capturing the alleged assault “weren’t duly proved as per legislation as the one that recorded and coated the fabric within the CDs/DVDs weren’t examined as a witness or related within the investigation, and no cheap rationalization was supplied on behalf of the prosecution”.

Equally, the courtroom mentioned {that a} photojournalist was “not examined as a witness nor he was related within the investigation of the case, and no cheap rationalization was supplied on behalf of the prosecution”.

“No different eyewitness of the incident was related within the investigation or produced within the trial and no legitimate rationalization was supplied by the prosecution or by the investigating company,” the courtroom mentioned. The courtroom additional mentioned that Jamai, the only witness, made “materials enchancment and contradictory assertion”.

ACMM Pandey wrote in his judgement, “The accused Sharma and complainant Jamai have been belonging to totally different political events and totally different ideologies” and knew one another since 2013-2014. The courtroom mentioned Jamai “didn’t disclose his identify in his preliminary grievance and position within the fee of the offence, and when he was referred to as as a witness and was examined on 27.10.2020 and on 03.02.2021, he made materials enchancment from his preliminary assertion”.

The courtroom held that Jamai additionally “improved his model from the assertion recorded on 27.10.2020 to the assertion recorded on 03.02.2021”.The courtroom famous that Jamai had accused Sharma of claiming “agar bandook hoti toh goli maar deta” in his assertion recorded on February 3, 2021, however this was not acknowledged in his earlier assertion recorded on October 27, 2020.

The courtroom, in his October 2020 assertion, famous that Jamai had acknowledged that Sharma was main a mob and landed blows and kicks on his physique, threatening him in opposition to standing for the “Justice for Rohit Vemula marketing campaign”, however “no such disclosure was made when he gave his grievance to the police in his personal handwriting”. On his allegations that professor Ayesha Kidwai was manhandled together with some journalists, the courtroom famous, “No such disclosure was made by the complainant when he gave his grievance in his personal handwriting on 15.02.2016.”

“Throughout investigation additionally, he didn’t inform the police relating to the presence of Kidwai, Vishwajit Kumar and Binoy Viswam on the spot. The police had not related these three individuals or any particular person from media homes/journalists with a view to set up that Professor Kidwai or Kumar and Viswam have been manhandled or crushed up,” the judgement learn. The courtroom additional famous that “no grievance from these peoples or any media personnel was lodged with the police…”

The courtroom famous that Jamai had did not determine Marwah in courtroom because the particular person main the mob when he was examined on February 3, 2021. The courtroom famous that he took Marwah’s identify “within the grievance on the idea that he heard the phrase Marwah within the mob when the mob was beating him”. The courtroom acquitted the accused beneath sections 323 (punishment for voluntarily inflicting damage), 341 (punishment for wrongful restraint), 506 (punishment for felony intimidation) and 34 (widespread intention) of the IPC.

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