Hashimpura massacre: Prosecution failed to bring evidence, says Delhi court
The prosecution failed to bring reliable material to establish the identity of culprits of the 1987 Hashimpura massacre case, leading to the release of 16 PAC personnel accused in the crime, a Delhi court has said.
New Delhi: The prosecution failed to bring reliable material to establish the identity of culprits of the 1987 Hashimpura massacre case, leading to the release of 16 PAC personnel accused in the crime, a Delhi court has said.
"The accused cannot be convicted on the basis of scanty, unreliable and faulty investigation which has gaps and holes," the court said in its March 21 judgement, the copy of which was made available today.
It had acquitted 16 Provincial Armed Constabulary personnel for the massacre in which 35 people from a minority community were killed after being picked up from Hashimpura village in Meerut district of Uttar Pradesh.
"It is very painful to observe that several innocent persons have been traumatized and their lives have been taken by the State agency, but the investigating agency as well as the prosecution have failed to bring on record the reliable material to establish the identity of culprits. The accused persons facing trial are entitled to benefit of doubts existing in the case of prosecution," Additional Sessions Judge Sanjay Jindal said in a 216-page judgement.
The court acquitted Suresh Chand Sharma, Niranjan Lal, Kamal Singh, Rambir Singh, Sami Ullah, Mahesh Prasad, Jaipal Singh, Ram Dhyam, Sarwan Kumar, Leela Dhar, Hambir Singh, Kunwar Pal Singh, Budha Singh, Budhi Singh, Mohkam Singh and Basant Vallabh of the charges of rioting, abduction, murder, attempt to murder, criminal conspiracy and destruction of evidence under the IPC.
The judge said it was not established beyond doubts that the accused persons facing trial were the PAC officials, who had actually committed the offence.
The court gave them benefit of doubt for want of evidence regarding their identity saying there was no clinching evidence on record without infirmities on the circumstance relating to identity of the truck, in which the victim were picked up, and the accused persons.
It has referred the case to Delhi State Legal Services Authority for rehabilitation of victims.
According to prosecution, Provincial Armed Constabulary (PAC) personnel had come to village Hashimpura on May 22, 1987, and arrested 42 persons from Hashimpura village and put them in a truck belonging to 41st battalian PAC.
Instead of taking them to police station, the PAC men took them to Murad Nagar canal and Hindon river and 42 persons were shot and thrown into the water.