“From a hundred rabbits you can’t make a horse” Delhi Court quotes Dostoevsky, discharges two of an attempt to murder2 min read

By- Ayush Pratap Singh

A Delhi High Court recently discharged the two persons of the charge of attempt to murder about the year 2020 Delhi riots after noting that nothing in the charge sheet supported the charge under section 307 of the IPC.

The two accused, Babu and Imran were facing the criminal proceedings for the offense under the section  143, 144, 147, 148, 149, and 307 Indian Penal Code and section 27 of the Arms Act.

The prosecution argued that the accused must be charged with the above offenses for having joined an unlawful assembly armed with weapons and for participating in the riots that took place on February 25, the year 2020 near Maujpur red light.

It was also asserted that the material before it, the Delhi court observed that there was a prima facie case and sufficient grounds for presuming that the two accused persons have committed offenses under the section 143/144/147/148 IPC they were part of the unlawful assembly armed with the weapons a the committed rioting.

With nothing in the charge sheet to dig in, no case under the section 307 Indian Penal Code is made out and there is no ground for presuming that the two accused individuals have committed the offense of attempt to murder as defined under section 307 of IPC.

The Court stated that the section 307 IPC was out of bounds.

The Delhi Court also rejected the prosecution’s argument that since the accused persons were part of the rioting mob, it must be presumed that they committed the offense under section 307 IPC.

The criminal Jurisprudence says that there must be some material against the accused persons to frame a charge. Presumption cant is stretched to take the shape of proof or evidence. The charge sheet depicts nothing for charging them under section 307 OF The Arms Act, the order too said. “From a hundred rabbits you can’t make a horse” Delhi Court quotes Dostoevsky, discharges two of an attempt to murder

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