New Delhi: BJP MP Ramesh Bidhuri has been acquitted by a Delhi court in a 2004 case of assaulting a man during a function here.
Additional Chief Metropolitan Magistrate Samar Vishal noted that there were contradictions in the testimonies of the witnesses as he absolved Bidhuri, who represents South-Delhi Lok Sabha constituency, and his four aides of charges under IPC sections 323 (voluntarily causing hurt) and 34 (acts done by several persons in furtherance of common intention).
The court also noted the absence of a medico-legal certificate by hospital which was needed to prove that the complainant was assaulted.
“Most importantly since this is the case of assault, wherein merciless beating has been alleged by the complainant, the absence of the MLC to prove this fact, is an important factor due to which the case of the prosecution cannot be said to have been proved beyond reasonable doubts,” the court said.
The court maintained that every person accused of a crime is always presumed to be innocent and the burden lies upon the prosecution to establish beyond a reasonable doubt that all the ingredients of the offence are made out.
“In the present case, the complainant who is prosecuting the accused persons for the offence under section 323/34 IPC is unable to prove his case beyond reasonable doubts as discussed above. Accordingly, all the accused are acquitted from the case,” it said.
The other four acquitted were Azad Singh, Mahesh Pandit, Suresh and Prakash.
According to the complaint filed by Ram Shankar, who claimed to be a social activist, Bidhuri and his associates abused and assaulted him and also threatened him with a revolver at a function on June 26, 2004 .
However, police did not take any action and, thereafter, he filed the complaint in the court, he had said.