Thane, A Thane court has acquitted all 17 accused in a 2015 rioting case in which police personnel were injured and public property was damaged here, citing "total failure of identification" and serious investigative lapses.
The prosecution's evidence was insufficient to prove the guilt of the accused beyond a reasonable doubt, Additional Sessions Judge Vasudha L Bhosale said in the judgment on September 8, a copy of which was made available on Sunday.
The incident took place on January 2, 2015, when a mob gathered at Diva railway station in Maharashtra's Thane district.
According to the prosecution, the group, armed with weapons, damaged public property and assaulted police officers who were trying to control the situation.
A First Information Report was filed, leading to the arrest of 19 persons. Two of the accused, Santosh Pandurang Sakpal and Bintu Mahavir Chauhan, passed away during the trial.
"Every prosecution witness, police officer injured or retired officer evidence followed the same pattern strong cross-examination but fatal admission in chief examination of video recording. This creates systemic evidentiary defect," the judge said.
"Not a single witness identified a specific accused with a specific over tact. All testimonies are omnibus, directed against 'anonymous mob' in order to make the accused criminally liable, law requires individual responsibilities. Every prosecution witness is a police officer. The prosecution has not examined any commuter, shopkeeper, or railway staff," the court said.
{{/usCountry}}"Not a single witness identified a specific accused with a specific over tact. All testimonies are omnibus, directed against 'anonymous mob' in order to make the accused criminally liable, law requires individual responsibilities. Every prosecution witness is a police officer. The prosecution has not examined any commuter, shopkeeper, or railway staff," the court said.
{{/usCountry}}The judge noted the police witnesses' testimonies were heavily reliant on video recordings, which were deemed inadmissible.
"The panchnama prepared by the prosecution appears to be defective, also the property valuation was not done by the experts. There is no explanation regarding delay in FIR," the court said.
The medical evidence presented was also found to be lacking, with the injured police officer's report showing only simple injuries, which the medical officer admitted could have been caused by a fall.
The court concluded that the prosecution failed to prove the formation of an unlawful assembly with a common objective.
The allegations of stone-pelting were not corroborated by medical reports or independent witnesses, and the charges of mischief and damage to public property were also not proven with proper valuation reports or expert evidence, it observed.
"There is total failure of identification, absence of medical and independent evidence and serious investigating lapses," the court said.
It acquitted the 17 accused, in the age group of 38 to 56, of all charges against them.
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