Delhi Court Acquits Inmate Accused Of Assaulting Deputy Jail Superintendent

Court

The Tis Hazari court has acquitted undertrial prisoner Salman Tyagi, who was accused of assaulting the Deputy Jail Superintendent at Tihar Jail in 2021.

Judicial Magistrate First Class (JMFC) Bharti Garg delivered the verdict on August 6, holding that the prosecution failed to prove its case beyond reasonable doubt.

“The prosecution has failed to prove that the accused had obstructed the complainant in the discharge of official duties by assaulting him or using criminal force against him,” the court said, granting Tyagi the benefit of doubt.

Allegations Against The Accused

According to the prosecution, the incident took place on July 30, 2021, inside the Video Conferencing (VC) Room, Control Room, Jail No. 3, Tihar Jail. The complainant, on duty from 2:00 pm to 9:00 pm, alleged that Tyagi refused to attend the VC despite several instructions.

Around 3:30 pm, the complainant claimed Tyagi pushed him at the gate of the VC room, entered the room, and wandered around. When asked to stand in queue, the accused allegedly retorted:
“Who are you to stop or question me? It’s my choice; I will go wherever I want, whenever I want.”

The complainant further alleged that Tyagi abused and assaulted him until other staff members intervened. A complaint was then lodged with the Jail Superintendent, leading to the registration of an FIR at Hari Nagar Police Station.

Defence Arguments

Advocate Deepak Sharma, representing Tyagi, argued that the case was riddled with inconsistencies. He highlighted contradictions in witness testimonies, particularly on material facts such as the date of the incident.

Crucially, the CCTV footage of the alleged assault was not produced during the trial. The court also noted that the investigating officer failed to submit the duty roster or any proof confirming the complainant’s presence in the VC room at the time of the alleged assault.

Another major lapse was the three-day delay in registering the FIR, which the court observed created sufficient opportunity to “concoct and deliberate with the complainant to file an embellished report.”

The judgment further remarked: “Not only this, the complaint filed under section 195 CrPC also appears to have been made in a mechanical manner with the sole intent to falsely implicate the accused.”

Court’s Conclusion

Considering the contradictions, missing evidence, and procedural lapses, the court held that the prosecution’s case suffered from “serious infirmities.”

“Resultantly, since the prosecution has failed in proving its case beyond a reasonable doubt against the accused, the accused Salman Tyagi is held not guilty and hereby acquitted of the offences punishable under Sections 186 and 353 of the Indian Penal Code, 1860,” the court concluded.