Noida man in the dock for false evidence in court, accused walk free

Time of India

21 hours ago

Noida: Blood runs thicker than the pursuit of justice, at least it does for Noida resident Akash Tyagi who filed a complaint five years ago about an attack on himself and his father that led to a case of criminal intimidation and assault against five of his relatives.
But with the family apparently patching up, he and others listed as witnesses turned hostile, refusing to testify against their own kin. The prosecution case fell through and led to all the accused being acquitted.
But the courtroom drama did not end there. Upset with its time being wasted, additional district and sessions judge Abhishek Pandey directed the registry to issue a notice to Tyagi and initiate proceedings under section 344 of CrPC for false evidence in court.
If found guilty, Tyagi could be sentenced to imprisonment up to three months, a fine of up to Rs 500, or both.
Tyagi had filed a case against his relatives Ankit Tyagi and Rahul alias Rohit, their father Surendra, and two other relatives—Rohit and Anuj—at Ecotech III police station in 2020 for attacking him, his father Omveer and brothers Vijay and Mohit. After investigation, a charge sheet was filed against all five accused under IPC sections 147 (rioting), 148 (rioting, armed with a deadly weapon), 149 (unlawful assembly for offences committed in prosecution of the common object), 307 (attempt to murder), 308 (attempt to commit culpable homicide not amounting to murder), 323 (voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of the peace) of IPC.
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The trial began on Feb 23, 2021. During the proceedings, Surendra died and his name was dropped from the list of accused.
The prosecution presented four witnesses in the case including Akash, Omveer, Mohit and Vijay, besides SI Dhirendra Kumar. But during the trial, Akash and his father refused to corroborate the charges and said they did not lodge the case.
"I was not present at the place of occurrence, and I did not see any of the accused beating my father or my cousin.
I got information about some commotion near our residence after my brother Mohit gave me a call," he told the court.
During cross-examination, Akash claimed he was misled by the locals and encouraged to lodge a case against his relatives. Omveer, meanwhile, said he did not have a fight with any of the five accused. "There was some commotion near our residence, and when we went to check the matter, I was injured. In a similar way, Vijay fell and was injured on his head, but none among those named in the case were present there," he submitted.
Omveer also told the court that he had asked his son to submit a police complaint after being provoked by locals but submitted no statement to the police against those named in the FIR. "The police never visited the spot, nor did we take the case supervisor to the spot for corroborating the matter written in the tahreer," he said.
Giving the benefit of the doubt, the court on Saturday acquitted all four accused in the case.
They were directed to deposit a personal bond of Rs 25,000 each and two sureties of the same amount under section 437A of CrPC, stating that the bond shall remain valid for a period of six months.
Taking strong exception to what it described as a waste of judicial time, the court directed the registry to issue a notice to the original complainant and initiate proceedings under relevant legal provisions. "It is logical to lodge a case against complainant Akash Tyagi for lodging an FIR and then not supporting the prosecution case during the trial, and accordingly, a notice should be served to him," the court said.