Mumbai: 34 years on, court acquits two booked for assault

Thirty-four years after they were booked by the police for allegedly stabbing a hotel manager at Bhandup, the Mumbai sessions court earlier this week acquitted two accused for want of evidence.

Thirty-four years after they were booked by the police for allegedly stabbing a hotel manager at Bhandup, the Mumbai sessions court earlier this week acquitted two accused for want of evidence.

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The victim, Jaya Shetty, was stabbed while he was sitting at the counter of the hotel on August 10, 1985. He was taken to Rajawadi Hospital where he told the police that he was assaulted by four persons namely Arjun Lokhande, Bal Kadam, Rohidas Kharat and Mahesh Khare.

Shetty in his statement to police claimed he knew all the accused and he was attacked over issues related to his previous business related to liquor. Based on this, the police arrested Lokhande, Kadam, Kharat and Khare.

During trial, Lokhande and Kadam died hence a case against them was abated. Kharat and Khare were prosecuted for the assault. Both of them were, however, granted bail in 1986 after which they absconded.

They were rearrested in 2019 and put to trial before the sessions court. The trial could only commence late in 2019.

During the trial, the court issued summons to witnesses such as the complainant, eye witnesses who took the victim to Rajawadi Hospital for treatment. However, the prosecution failed to trace the witnesses and filed a report saying the witnesses were not traceable.

The prosecution could only examine the investigating officer of the case while no other witnesses were available to depose before the court.

The court noted that no examination of key witnesses such as the victim, eye witnesses, medical officer and other relevant witnesses is fatal to prosecution case. Hence, the court said no evidence was put forth by the prosecution against the accused.