Chandigarh Police fail to prove electricity box public property, man acquitted

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Chandigarh, August 11

Additional Chief Judicial Magistrate, Chandigarh, TPS Randhawa has acquitted Krishan Kumar, alias Aman, a resident of Sector 28-A, Chandigarh, in a case registered against him for allegedly defacing public property. The court acquitted the accused after the prosecution failed to prove that the electricity box near Guru Gobind Singh College, Sector 26, on which the accused was allegedly found pasting a poster was public property.

The police registered the case on August 28, 2017, under Section 3 of the Prevention of Defacement of Property Act, 2007. The FIR was registered on a statement of Head Constable Yashpal Singh.

The counsel for the accused claimed that he was falsely implicated in the case.

The Public Prosecutor said the statements of the policeman and photographs proved that the accused was pasting the poster on a public property.

After hearing the arguments, the court said, “The court is of the opinion that the accused deserves to be acquitted. No evidence has been led by the prosecution to prove that the alleged electricity box was a government property. Even no witness from the electricity department has been examined to prove that the said electricity box belonged to the said department. Even no witness from the college has been examined to corroborate the prosecution allegations. Even in photographs, the description of the box is not visible. Thus, in the absence of material evidence, it is not proved that the accused has defaced the government property.”