Delhi court discharges gangster Kala Jatheri in Arms Act case

New Delhi: A Delhi court has discharged gangsters Kala Jatheri and Anil Rohilla in an Arms Act case registered by the crime branch, saying apart from the disclosure statements, there was no evidence against the duo.

Highlighting that these statements did not result in any finding against the two accused, the court sought a report from the Delhi Police on Thursday, asking it about the basis on which the chargesheet was filed against them.

Chief Metropolitan Magistrate Rajat Goyal was hearing the case at the stage of framing of charges against four accused -- Kala Jatheri alias Sandeep, Anil Rohilla alias Chippi, Akash and Ashudeep.

The court framed charges against Akash and Anshudeep but questioned the Delhi Police's case against Jatheri and Rohilla.

It said apart from the disclosure statements of Jatheri, Rohilla and the two other accused, there was no evidence against the duo.

"The said disclosure statements have not led to the discovery of any fact. Hence, the same cannot be used as the same is barred by provisions of the Indian Evidence Act," the court said.

"There is absolutely no material to show that (both) accused persons had entered into any criminal conspiracy with each other or with the co-accused for either supply or procurement of illegal weapons allegedly recovered from the co-accused," it added.

Underlining that Jatheri and Rohilla were chargesheeted on the basis of the disclosure statements, which were inadmissible as evidence, the court discharged them.

"Let a report be called from the deputy commissioner of police (DCP) concerned as to on what basis and under which legal provision were accused Kala Jatheri and Anil Rohilla chargesheeted in the present matter," the court said.

The matter has been posted on May 30 for further proceedings.