A man accused of attempting to murder an auto driver in Okhla, Delhi, has been acquitted of the charge by a Delhi court. However, the court convicted him of offenses under IPC sections 394 (voluntarily causing hurt while committing robbery) and 397 (robbery or dacoity with an attempt to cause death or grievous hurt). Additional Sessions Judge Sachin Sangwan presided over the case against Sudhakar, who allegedly stabbed the auto driver, Salamat Khan, and robbed him on March 4, 2016. The court scheduled the sentencing arguments for Tuesday.
The judge emphasized that in situations where two interpretations are possible, the court will lean towards the one favoring the accused. As a result, the court concluded that the case under IPC section 307 (attempt to murder) was not proven beyond reasonable doubt. The judge noted that while the accused intended to commit robbery using violence, there was no evidence of an intention to murder the victim. The medical report indicated only one non-severe knife wound to the victim.
Despite acquitting Sudhakar of the attempted murder charge, the court convicted him based on the eyewitness testimony of the complainant, along with medical and forensic evidence, proving his guilt under IPC sections 394 and 397. The defense counsel’s arguments regarding doubts about the complainant’s testimony were rejected, considering the mental trauma and physical pain he suffered during the robbery.
Regarding a co-accused, Arun, the court acquitted him of all charges as the victim did not identify him during the Test Identification Parade (TIP) proceedings. Sudhakar was convicted under IPC sections 394, 397, and 34 (common intention), while Arun was acquitted of all charges.
