21 years on, 2 BJP functionaries acquitted of assault on police officers

he case took over 21 years from FIR registration to verdict, and more than seven years from the first charge-sheeting in 2018 to the final judgment

MUMBAI: More than two decades after two BJP functionaries were accused of barging into a police station and threatening officers during a late-night crackdown on a party worker, a city sessions court recently acquitted them for lack of evidence.

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The prosecution failed to establish the charges beyond a reasonable doubt, the court said. “In the absence of cogent, consistent, and reliable evidence, both the accused are entitled to the benefit of doubt,” observed additional sessions judge Satyanarayan R Navander, in the 38-page judgment delivered on July 19.

The two functionaries, Gopal Chinaiyya Shetty, 71, and Ganesh Dattaram Khankar, 52, were accused of criminally intimidating and obstructing police officers while they were taking action against a BJP activist, Netaji Shinde, under provisions of the Maharashtra Prevention of Dangerous Activities Act (MPDA). According to the FIR, around 1 am on September 10, 2004, the two allegedly stormed into the police station, hurled abuses, and threatened the on-duty constables with consequences if they proceeded to take action against Shinde. They were arrested and released on bail the same day.

The informant’s testimony and key prosecution witness (PW), Constable Udesh Mohite, were crucial to the acquittal. Constable Mohite turned hostile during the trial, noted the court, as he claimed he could not recall the incident and even denied having filed a complaint. When cross-examined by the prosecution, he admitted to being pushed and abused by the accused but failed to confirm whether the act was intentional. “The oral testimony of informant PW-1 is therefore found to be extremely weak and unreliable,” the court noted.

The court also pointed out that no other police officers named in the FIR corroborated the account. “The investigating officer himself did not corroborate the allegations made in the FIR. In light of this, a serious doubt arises regarding the prosecution’s case,” the judge stated.

The case took over 21 years from FIR registration to verdict, and more than seven years from the first charge-sheeting in 2018 to the final judgment. The delay, coupled with a lack of corroborative testimony, led to the eventual acquittal of the accused.