Panchkula: 2 snatching accused let off as prosecution case falls flat

Two men accused of snatching a woman’s gold chain have been let off by a local court, citing the prosecution’s “miserable failure” to prove the charges.

The sessions court judge VP Sirohi, in his judgment, highlighted several critical flaws in the prosecution’s case. “The prosecution has miserably failed to prove its case against accused-Aashish Malik and Amit Kumar beyond doubt. Therefore, they are acquitted of the charge levelled against them,” read the orders.

The case dates back to July 2023. The complainant, Payal of Sector 20, Panchkula, told police that on July 12, 2023, around 3.30 pm, she was returning home after dropping her daughter at GH-79 for tuition. She was on her scooty. When she reached GH-77, GH-82 and GH-85 roads, two boys wearing helmets came from behind on a black coloured motorcycle and snatched her gold chain and fled away. The pillion rider was wearing a check shirt and blue denim, she added in her complaint.

An FIR was initially registered against unknown individuals, and an untraced report was later submitted due to lack of leads. However, the case was reopened after the arrest of Aashish Malik of Dhakoli and Amit Kumar of Hisar’s Hansi in connection with another FIR in November 2023. The police claimed that both had accepted their involvement in this snatching case also. They were later arrested on April 20, 2024.

Flaws galore

The motorcycle registered as evidence for the crime was purchased on August 1, 2023. It was proved by the testaments of the owner and dealership manager. The court slammed the investigation officer’s “high-handedness” for using a non-existent motorcycle as evidence, noting the complainant also didn’t provide the bike’s registration number.

“Thus, from the evidence on file, it stands proved that said motorcycle was purchased much after the date of occurrence and how the said motorcycle can be used in the commission of the offence in the present case. This shows the high handedness of the Investigating Officer who has shown this motorcycle to be used in the commission of an offence which was not even in existence on the date of the alleged occurrence,” the court said.

The court also pointed out that the absence of an independent witness during the checking at the house of the two arrested persons, despite their residence being in a thickly populated area.

The court also noticed the discrepancies in the complainant’s statement. “A perusal of complaint reveals that complainant Payal has not mentioned the physical description/features of the accused in her complaint. She has also not mentioned in her complaint that she has seen the faces of the accused and can identify them if brought before her, rather she has mentioned that both the accused were wearing helmets at the time of occurrence. However, when she appeared in the witness box, she stated that the motorcycle driver was wearing the helmet and the pillion rider was not,” the order further read.

The court also pointed out the contradictions in the testimonies of cops regarding the presence of family members during the recoveries. As per the court, the prosecution also failed to establish any link between the recovered cash and the sale proceeds of the stolen gold chain, as they were unable to identify the alleged buyer.

Based on these inconsistencies and lack of concrete evidence, the session judge concluded that the prosecution had failed to prove the guilt of Aashish Malik and Amit Kumar and acquitted both of the charges under Sections 379A (snatching) and 201 (causing disappearance of evidence of offence, or giving false information to screen offender) of the Indian Penal Code.