E-Paper
Yemul acquitted; black magic charges quashed in Gaikwad family case
HC discharged Raghunath Rajaram Yemul from black magic charges in case arising from domestic dispute involving the family of Pune businessman Nana Gaikwad
Pune: The Bombay High Court has discharged Raghunath Rajaram Yemul, popularly known as Guruji, from charges under the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, in a case arising from a domestic dispute involving the family of Pune businessman Nana Gaikwad.
According to the order, a copy of which was seen by HT on Saturday, a single-judge bench of Justice Shivkumar Dige allowed Yemul’s criminal revision application and quashed proceedings against him under Section 3(2) of the Act in Crime Register No. 293 of 2021.
“Application is allowed. The applicant is discharged from the offence punishable under Section 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 in CR No. 293 of 2021,” the court said.
The case stems from a complaint lodged on June 30, 2021, by Gaikwad’s daughter-in-law, who accused her husband, Ganesh Gaikwad, and other family members of physical and mental harassment over dowry demands. In a supplementary statement recorded on July 10, 2021, she alleged that Yemul had described her as possessing “negative energy” and advised her husband to stay away from her. Based on this statement, Yemul was added as Accused No. 9.
Examining the material on record, the High Court noted that Yemul was not named in the original FIR and was implicated only through the supplementary statement recorded 10 days later.
The court also observed that the statement of Rajeshkumar Mishra, a driver employed by one of the accused, was recorded nearly three months after the FIR. Statements of other witnesses, including Ekant Patil and Hitesh Bhosale, were hearsay and did not establish any direct role played by Yemul.
Further, the court found no evidence that Yemul had ever met or directly communicated with the complainant.
Referring to allegations under the Black Magic Act, the court observed that while placing turmeric and vermilion on a lemon may fall within the schedule of prohibited practices under the Act, there was no direct evidence linking the act to any instruction issued by Yemul.
The state opposed the plea, arguing that Yemul’s earlier discharge application had been rejected in 2022 and that he had subsequently approached the High Court without challenging the earlier order. However, Justice Dige rejected the contention, observing that if no offence is made out against an accused, failure to challenge a previous discharge order cannot be held against him.
Allowing criminal revision application No. 492 of 2025, the court granted Yemul complete discharge from the case.
Senior advocate Amit Desai appeared for Yemul, along with advocates Abhishek Avachat and Siddhant Deshpande. Assistant public prosecutor R.D. Humane represented the state, while advocate Siddharth Jagushte appeared for the complainant.
Defence lawyers said the judgment reinforces the principle that criminal charges cannot be sustained solely on oral allegations or hearsay evidence and brings an end to a prolonged legal battle for Yemul.
