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The court absolved Triveni Bharti, who had contested from ward 80 in Pushp Vihar in the South Delhi Municipal Corporation polls on April 23 this year, of the offence under Delhi Prevention of Defacement of Property (DPDP) Act.
Chief Metropolitan Magistrate Pooja Talwar, while acquitting Bharti, noted that neither was there any eye- witness to the pasting and removing of the poster, nor were there any marks on the pamphlet to prove the same. “At the outset, there is no eye-witness to the pasting of the disputed poster, either from public or any police witness.
Not only that, there is no public witness to the procedure of removal of the said poster from the wall of the park.
“Interestingly, the poster in question is not having any pasting marks reflecting that it was ever pasted or any marks reflecting that it was forcefully taken off, which makes the entire case of the prosecution questionable,” the court said.
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According to the prosecution, on April 17, a police official was on patrolling duty when he saw two campaign posters with pictures of AAP candidate Triveni Bharti on the wall of a park in Pushp Vihar marker. An FIR was lodged, which was followed by a charge sheet against her for the offence of defacing public property under the DPDP Act. However, during the trial, the accused denied the prosecution case in its entirety and claimed innocence.