A court in Thane district acquitted two people accused in a murder case from 2019. Additional Sessions Judge VL Bhosale`s judgement on January 31 underlined the prosecution`s failure to prove the charges against the accused beyond a reasonable doubt.
Furthermore, the judge directed that action be taken against the investigating officer responsible for the acquittal, per the PTI report.
According to the report, on November 18, 2019, the accused and an associate allegedly assaulted the victim to death on Mira Road. The victim`s body was recovered in a drain in the area the next day.
According to the prosecution, the victim, a DJ and singer, requested Rs 28,000 from one of the accused, who owned a mandap decoration company. When the accused failed to pay, the victim allegedly removed four speakers and an amplifier from him and passed them over to someone else, the report added.
According to the report, Judge Bhosale ruled that the prosecution`s case was mainly based on the investigation officer`s testimony, which failed to demonstrate the accused`s claimed offence beyond reasonable doubt. Citing a Supreme Court direction, the judge emphasised the need to review acquittal rulings and document the grounds for each lost prosecution case.
“Only on the basis of deposition of the investigation officer (IO), the case of the prosecution cannot be proved as other factual aspects of the prosecution cases are not proved. The circumstantial chain is not completely developed by the prosecution,” Judge Bhosale said, per PTI report.
She mentioned further, “In my considered view, the prosecution has failed to establish the commission of the alleged offence by the accused persons beyond all reasonable doubt. They deserve the benefit of the doubt.”
In accordance with the Supreme Court`s order, the court directed the state government to organise a standing committee consisting of senior officers from the police and prosecution departments to probe the investigation officer`s acts. The judge ordered the prosecution to guarantee that the judgment was followed, the PTI report stated.
The judgement stated that considering the seriousness of the matter, the committee formed by the state government should “initiate action against the investigation officer who is responsible for the acquittal of the accused under Indian Penal Code sections 302 (murder) and 34 (common intention)”.
With PTI inputs
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