A sessions court in Maharashtra`s Thane district has acquitted five persons accused of killing a man 32 years ago, citing missing and deteriorated documents and the inability of the prosecution to secure reliable witnesses, reported news agency PTI.
The Additional Sessions Judge at Kalyan, P F Sayyad, delivered the judgment on September 26, a copy of which was made available on Friday, reported PTI.
According to the prosecution, one Lucky Premchand Bhatia was assaulted with sharp weapons at Samrat Ashok Nagar on December 16, 1992, and subsequently died, reported PTI.
Suresh Dinanath Upadhyaya, Gautam Mahadev Gaikwad, Mohiddin Siddhique Khan, Kanahayya Basanna Koli, and Kumar Chetumal Nagrani were shown as accused in the case, reported PTI.
The trial faced significant hurdles, primarily stemming from the long delay. All five accused remained absent after being released on bail, necessitating non-bailable warrants and a proclamation order in September 2024.
The judge found the key documents, including witness statements and the chargesheet, in a torn condition. The postmortem report was not available in the records, reported PTI.
The prosecution was able to examine only two witnesses, but the testimony of one of them was deemed unreliable as he had Parkinson`s disease, the judge noted.
Acquitting the five accused, the court said the prosecution had failed to establish their guilt beyond a reasonable doubt.
Court acquits man accused of kissing minor girl; says no criminal intent in act
In another case, a special court in Maharashtra`s Thane has acquitted a man in a case of molesting a three-year-old girl by kissing her on her cheek in 2021, saying his gesture cannot be viewed as a criminal act as “any person fond of children may do so out of natural instinct”, reported PTI.
The court gave the accused a benefit of doubt, saying there was a lack of clear criminal intent on his part and that the prosecution failed to prove the charges against him.
In an order passed on August 22, special judge Ruby U Malvankar, hearing cases pertaining to the Protection of Children from the Sexual Offences (POCSO) Act, acquitted 54-year-old Omprakash Rambachan Giri, who was accused of hugging and kissing the minor girl on two separate occasions on January 9, 2021, reported PTI.
The police had booked him under sections of the POCSO Act and section 354 (assault or use of criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC).
The court said, “The alleged act for which the prosecution came to be conducted against the accused cannot be categorised as an act which can in all cases be said to be an inappropriate touch or bad touch. Considering the age of the victim at the relevant time, any person who is fond of children out of natural instinct may pick her up, may affectionately kiss her on her cheek which ordinarily happens in the society,” reported PTI.
“In a country like ours, such kind of gesture – unless it is hurting the child or unless it is done by a total stranger with a bad intention – is not really considered objectionable or offensive. Therefore, in this case also, since the accused was not a total stranger as he was resident of the same locality, cannot be categorised as an altogether criminal act,” it added, reported PTI.
The court observed that the child did not cry from pain during the alleged incidents. The judge concluded, “in all such circumstances the element of outraging the modesty of the victim is rather missing and the affectionate gesture cannot be viewed as a criminal act beyond reasonable doubt”, reported PTI.
Based on these findings, the court extended the benefit of the doubt to the accused, leading to his acquittal. The charges under section 354 of the IPC and section 8 (sexual act) of the POCSO Act were not proven, and Giri was acquitted of all offenses.
(With inputs from PTI)
