An advocate has succeeded after a 12-year legal battle in getting summons issued by a court against persons who allegedly accompanied his son before his death under mysterious circumstances.
Additional Sessions Judge H S Sharma held that the circumstantial evidence that the complainant's deceased son was last seen in the company of the accused was sufficient for taking cognizance of the matter.
Setting aside a lower court verdict, the judge, in a recent order, said, "The magistrate had himself observed that apart from the evidence that the deceased had accompanied the accused, there is no other evidence. What other evidence could have been produced by the complainant?"
Sharma observed that it was for the accused to disclose as to where the deceased was left by them and what had happened to him since he had been with them throughout.
He directed the Chief Metropolitan Magistrate to take up the case afresh.
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