A court here has acquitted Delhi legislator Asif Mohammad Khan in a 1999 case relating to obstructing public servants from performing their duty.Khan, the Congress legislator from Okhla, was charged with obstructing Municipal Corporation of Delhi (MCD) officials from construction work at Basti Vikas Kendra, Batla House here in December 1999.The MCD officials had alleged that Khan used criminals to obstruct them from performing their duty.A court here on June 2004 framed charges against Khan under various sections dealing with obstructing public servant for discharging their duty, using criminal forces and criminal intimidation.Additional Chief Metropolitan Magistrate Pritam Singh Tuesday acquitted Khan from the charges observing that the MCD officials had not supported prosecution case and turned hostile during the trial.
The court observed that in a criminal trial, the onus remains on the prosecution to prove the guilt of accused beyond all reasonable doubts and benefit of doubt, if any, must necessarily go in favour of the accused."It is for the prosecution to travel the entire distance from may have to must have. If the prosecution appears to be improbable or lacks credibility, the benefit of doubt necessarily has to go to the accused," said the court."The prosecution has failed to prove its case against the accused beyond reasonable doubts. In view of the foresaid, accused (Khan) deserves to be acquitted," the court ordered.The order was delivered last Tuesday but was released only on Monday.