BJP councillor Madhav Prasad acquitted in murder case, complaint found false

Supreme court

BJP councillor Madhav Prasad, who was accused of murdering a party worker just two days before the 2012 MCD polls, has been acquitted by a Delhi court, which found the complaint against him to be false and has directed that action be taken against the complainant.

Besides Prasad, a councillor from Sangam Park, co-accused Anil Yadav and Pinku were also acquitted of the charge of murdering Jai Prakash.

Additional Sessions Judge Pawan Jain acquitted them after prosecution witness Virender Yadav, who claimed to be the eye-witness in the case and on whose complaint the case was registered, turned hostile in the court.

While setting the trio free, the court directed that a complaint be made before the appropriate court against Virender for giving false evidence as he had wrongly stated to police that he saw Prasad and Anil holding Prakash while Pinku stabbed him twice in the chest.

"It can safely be culled out that Virender Yadav had either made a false complaint against the accused persons with some ulterior motive or he turned hostile deliberately on the substantial points in the court with some ulterior motive. Both these situations are not good for the health of the system for administration of criminal justice," the ASJ said.

He noted that "Virender Yadav had not only made a written complaint against the accused persons but he was also pursuing the same vigorously by engaging a battery of advocates."

"Needless to say that witnesses play a significant role in the administration of criminal justice. If courts permit the witnesses to behave in such a manner, it will become difficult to impart justice. If witnesses like Virender are not checked, wrong message would disseminate among the public at large that they can make somersault during trial at any time as per their whims and fancies without facing its consequences.

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