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26-year-old robbery case: Junnar court sets aside conviction, acquits accused
Additional Sessions Judge S B Shelar, allowing an appeal by Raju Ibrahim Jamadar, 42, of Rajuri in Junnar taluka, observed, “Once there is doubt in the prosecution case about the presence of the accused, then the benefit of the same must accrue to the accused.”
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PUNE: The Junnar court has acquitted a man convicted in a 26-year-old robbery case, holding that doubts over his presence at the scene and the alleged recovery of stolen gold ornaments weakened the prosecution case.
Additional Sessions Judge S B Shelar, allowing an appeal by Raju Ibrahim Jamadar, 42, of Rajuri in Junnar taluka, observed, “Once there is doubt in the prosecution case about the presence of the accused, then the benefit of the same must accrue to the accused.”
The judgment was delivered on September 17, and a copy was made available on September 21. Jamadar had challenged his January 2, 2004 conviction under Section 392 of the Indian Penal Code (IPC), under which he was sentenced to three years’ rigorous imprisonment.
The case dates to September 9, 2000, when complainant Sarubai Pingale was working on her farm. The prosecution alleged that Jamadar pushed her, snatched a chain and other ornaments, threatened her and fled. A case was registered at Narayangaon police station, and the prosecution later claimed the ornaments were recovered from him.
The trial court examined six prosecution witnesses before convicting Jamadar. He later became untraceable and a non-bailable warrant was issued.
The defence challenged the conviction, citing inconsistencies in witness accounts, doubts over the recovery and a prior wage dispute between Jamadar and Narayan Pingale, a relative of the complainant.
The court found discrepancies in the complainant’s evidence. While she identified Jamadar and said he had snatched her ornaments, she did not testify that he had pushed or threatened her, as alleged in the FIR.
The evidence of Ramdas Pingale also raised doubts. He claimed he was about 50 feet from the spot but admitted he had not seen Jamadar that day or told the police he witnessed the theft.
The alleged recovery of the ornaments was also questioned. Panch witness Gangadhar Auti said the ornaments were recovered from Jamadar’s right pocket during a search, while the investigating officer said the panch witnesses recovered them from his pant pocket.
The court set aside Jamadar’s conviction and sentence and acquitted him under Section 392 of the IPC. The gold ornaments already returned to the complainant will remain with her.
