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THANE: The Thane court has acquitted two persons who were booked for manhandling an on-duty traffic constable due to lack of evidence after 12 years.
The duo, Parag Satardekar and Nilesh Bhoir were acquitted by the additional sessions judge V. L. Bhosale pointed out that the prosecution failed to establish the accused’s presence at the scene.
According to the prosecution, the incident occurred on May 11th, 2012, at Ambedkar Chowk, Station Road, Thane.
The accused came driving the SUV from Thane Station towards Talaopali, it was creating obstruction in traffic, hence, the driver of said vehicle was stopped by the complainant.
The accused person got down and tried to argue with him, wherein the constable told him that he will initiate action against him. Due to which the accused got miffed and manhandled him while on duty. Subsequently a case was registered under section 332, 427 and 506 and 34 of Indian Penal Code.
Despite the prosecution’s efforts, the evidence presented failed to establish guilt beyond a reasonable doubt, the judge noted in the order.
The prosecution’s failure to establish the accused’s presence at the scene and their involvement in the alleged offense.
The judge in the other pointed out, “..no evidence is brought on record that at the relevant time when the incident took place the informant was on public duty and the accused had beaten him by kick and fist and tried to obstruct his public duty. The informant himself has not identified the accused persons.”
The judge also noted that nothing has been brought on record in whose presence the accused has uttered abusive words and threat was issued. “Just by saying that abusive language was used by the accused against him and threatened him is not sufficient to prove the story of the prosecution,” the judge said.