New Delhi, Nov 1 (PTI) A court here has acquitted a man accused of assaulting two persons in east Delhi's Kalyanpuri in 2015, saying no guilt can be fastened upon him as the injured did not identify him as the perpetrator of the crime.

In every criminal trial, the court said, the identity of the malefactor must be established beyond a reasonable doubt and the prosecution's first duty is not to prove the crime but to prove the identity of the offender.

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Principal District and Sessions Judge Deepak Jagotra was hearing a case against accused Kunal, who was charged with attempt to commit culpable homicide for allegedly using a blunt weapon (wooden stick) to assault the complainant, Darshan, and another person, Gyan Chand, at a temple in Kalyanpuri on May 9, 2015.

"Keeping in view the totality of the facts and circumstances of the case, the entire case of the prosecution crumbles down and the accused stands acquitted," the judge said in a recent order.

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The court noted that as both the injured did not support the prosecution's case, they were declared hostile and were later cross-examined.

In their cross-examinations, the complainant along with the other injured denied that the accused had assaulted them, it said.

"Both the injured have not identified the accused as the perpetrator of the crime... When the star witnesses have not implicated the accused with the offence, no guilt whatsoever can be fastened upon him," the court said.

It also said that the statement of the investigating officer was not supported by independent evidence and other star witnesses.

In the absence of proof beyond reasonable doubt as to the identity of the culprit, the constitutional right of the accused to be presumed innocent until the contrary is proved is not overcome and he is entitled to an acquittal, though his innocence may be doubted, the court said.

"The constitutional presumption of innocence guaranteed to every individual is of primary importance and the conviction of the accused must rest not on the weakness of the defence he put up but on the strength of the evidence for the prosecution," it said.

The court noted that the prosecution completely failed to bring home the charge under Section 308 (attempt to commit culpable homicide) of the Indian Penal Code against the accused.

"The prosecution has failed to prove its case beyond a reasonable doubt against the accused... Hence, the case put forth by the prosecution must fail and fall down," it said.

The Kalyanpuri police station had filed a charge sheet against Kunal and the court framed the charge against him in December 2021.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)