New Delhi: A tempo driver, sentenced to 15 days imprisonment for crushing a seven-year-old boy to death, has been let off by a sessions court which said there was a "serious doubt" about the truthfulness of prosecution`s case.
District Judge and Additional Sessions Judge R K Gauba said the victim`s father had "created fiction" and made "improvements" in his testimony made before the court.
The court also criticised the investigating officer (IO) for "mis-utilising" the provisions of the criminal procedure code (CrPC) to "cover up" his lapse in not conducting a test identification parade (TIP) right after the accused, Ramesh Singh, was arrested.
"Apparently, the provisions of CrPC have been mis-utilised by the IO to cover up his lapses in arranging the TIP immediately after the accused had been arrested," the court said.
The court quashed the order of the magisterial court on the appeal of Singh and acquitted him giving him the benefit of doubt.
"On the facts and circumstances of the case, serious doubt arise as to the extent of truthfulness in the prosecution case.