Aneesha Sareen, Tribune News Service
Chandigarh, May 11. Pointing out several loopholes in the CBI theory as well as the statements of the complainant, the CBI court, while acquitting Moga SSP Surjeet S Grewal and six other policemen in the 23-year-old ‘fake’ encounter case yesterday, said that the prosecution had not produced “clear, cogent, convincing or unimpeachable evidence” against them.
“Realities or truth apart, the fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused. Till the charge is proved beyond a reasonable doubt on the basis of clear cogent or credible evidence, mere suspicion, however strong it may be, is no effective substitute for legal proof required to substantiate the charge of commission of crime,” the court said in its order.
The CBI court of Vimal Kumar yesterday acquitted the seven policemen of the charge of murdering Kulwinder Singh, alias Kid, in a ‘fake’ encounter in 1989. The verdict left Kid’s father, Tarlochan Singh, a shattered man.
“There is not an iota of evidence regarding the identification of the body of an unknown terrorist to be that of Kulwinder Singh. The complainant, Tarlochan Singh, stated that he could not identify the clothes as well as the photographs of dead bodies before the magistrate… Kulwinder Singh was 6 ft tall and had two identification marks while the inquest report of the person killed and who was alleged to be Kid was 5 ft and 10 inches.
Dr S K Gupta, who conducted the post- mortem, stated that there was no question of the height of a male aged 25 decreasing from the height he may have attained,” the court said.
It said that from the examination of the statements of Tarlochan Singh, Dhani Ram, a tenant, and Inderjeet Singh, a neighbour, “it is crystal clear that they claimed to be eyewitnesses to the abduction of Kulwinder Singh, yet the complainant failed to name accused SS Grewal and Amarjit Singh in telegrams and in a representation to the High Court dated August 22, 1989.”