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Sharukh Pathan’s lawyer to court: ‘Case a test of judicial system, bar, and city we live in’

Sharukh Pathan, who was photographed pointing a gun at a Delhi Police head constable in the course of the northeast Delhi riots and is going through trial in an try and homicide case, by means of his lawyer, has informed a courtroom right here that the “state persistently improves on the case that they don’t have”.

Senior Advocate Menaka Guruswamy appeared for Pathan earlier than Extra Classes Decide Amitabh Rawat and wrapped up her arguments in search of discharge for Pathan and argued that this case was a “check of the judicial system, bar, and town we reside in.”

Guruswamy informed the courtroom that the prosecution’s greatest proof was the video footage of the incident which reveals that Pathan didn’t shoot on the policeman, Deepak Dahiya.

“We’re lucky there’s a video which clearly demonstrates within the chaos, Pathan at no level shoots on the law enforcement officials however, in reality, fires within the air, in a distance,” she argued.

Guruswamy informed the courtroom that the policeman had made six supplementary statements. “No different potential sufferer has been introduced by the state. State persistently improves on the case that they don’t have. There is no such thing as a different potential sufferer.”

She then took the courtroom by means of the a number of statements made by Dahiya. Referring to 1 such assertion, Guruswamy argued that Pathan’s position went from being a part of the gang to main an anti-CAA crowd.

Guruswamy argued that the “recollection of an individual dramatically adjustments” as an announcement made after three months states that the gang is firing on the police.

She relied on one other supplementary assertion and informed the courtroom, “9 months after the incident, he says not solely am I firing, however I’m a part of the gang pelting stones. He additionally states there may be one other particular person…No TIP (check identification parade), similar to that this magic occurs.”

A TIP continuing is carried out in order that the witnesses who declare to have seen the accused on the time of the incident should determine them with none assist from one other supply.

“We’ve got mechanisms in place which stop precisely this. We’ve got TIP for that reason so that you simply don’t magically introduce one more particular person…The laborious circumstances of our instances are by no means a check of the accused. It’s the check of the judicial system, bar, and town we reside in. Will we go increased?,” Guruswamy argued.

Whereas referring to a different assertion, she argued that Dahiya “remembers he received injured” one yr after the incident.

She argued that Dahiya was mistaken that Pathan was firing at him and performed the video in sluggish movement earlier than the courtroom to substantiate her arguments.

Through the arguments, ASJ Rawat stated: “The intention needs to be seen and never the shot. It’s really to start with which can present the intent and never when it’s completed. The intention needs to be seen when he begins and never when he ends.”

Guruswamy argued, “If I wished to injure or kill, I’ve ample alternative. That is conduct subsequent to the shot. The place is the intention to kill him? If I supposed to shoot somebody and I had three rounds. Would I not have hit him? Would I inform him to fall again? Phrases have been exchanged. Have a look at the physique language. I’ve my hand on his shoulder. Is that this somebody I supposed to kill? I’m attempting to scare him. Objectionable as it’s for a citizen to scare a police officer, it’s not part 307 (try and Homicide),” she argued.

Particular Public Prosecutor Anuj Handa argued that Pathan “shoots at completely different course of the mob, who is perhaps belonging to the completely different neighborhood”.

“Suppose any particular person would have succumbed to the accidents. Would the offence not have been made out? If this isn’t part 307, I don’t know what’s,” Handa argued.

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