New Delhi: Five defendants were cleared by Delhi’s Karkardooma Court of kidnapping and fatally assaulting a man in 2010—15 years ago. According to the court, the inquiry had significant flaws. From the vicinity of Nanaksar Gurudwara, the dead was kidnapped. At the Sonia Vihar Police Station, a formal complaint was filed.

The court found that the prosecution had not proven its case against the defendants beyond a reasonable doubt, and thereby cleared them.

However, due to a flawed investigation, the court dismissed the Delhi police. It was noted that crucial evidence was not sent for forensic analysis.

Bachchan Nagar, Umesh Kumar, Yogesh alias Kalli, Parvinder alias Titu, and Praveen Nagar were all given the benefit of the doubt by Additional Sessions Judge (ASJ) Pankaj Arora.

The prosecution must establish the accused’s guilt beyond a reasonable doubt, the court said, as is widely established.

The judge said, “Therefore, based on the material available on the record, the case of the prosecution becomes doubtful and the benefit of doubt certainly goes in favor of the accused persons.”

“Accordingly, taking into consideration the facts and circumstances of the case, accused persons namely Bachchan Nagar, Umesh Kumar, Yogesh alias Kalli, Parvinder alias Titu and Praveen Nagar, are hereby acquitted of the charges punishable under sections 302, 364, 201, 34 of IPC,” the court ruled on February 28.

This case involves evidence destruction, murder, and kidnapping. The defendants were accused of kidnapping the dead Kamal Singh in a vehicle on July 12, 2010.

The probe was deemed improper by the court. “It is observed that no efforts have been made by the Investigation Officer (IO) to send the incriminating articles, chappal and iron rod for forensic examination to determine as to whether the said articles had any blood stains or not, which, in the opinion of this court, is a serious lapse in the investigation,” the judge stated.

The court further said that Nor he (IO) had the seized vehicle inspected by an FSL specialist to see whether or not it had bloodstains on it.

“No efforts have been made by the investigating agency to lift the fingerprints from the knife recovered alongside the dead body of deceased Kamal,” the ruling by the court said.