Nagpada couple accused of attacking woman with knife, acquitted
Apart from the police not seizing the knife, the medical officer also was not examined by the prosecutionmumbai Updated: Jun 06, 2018 00:08 IST
A city metropolitan court acquitted a 60-year-old man and his 35-year-old wife three years after they were charged for allegedly attacking a woman with a knife. The weapon used in the attack was not submitted in the court by the police, completely diluting the case.
As per the prosecution’s case, the complainant woman Mumtaz Shaikh was attacked by Nazama Sayyed at her Nagpada apartment on August 14, 2014. According to her report, Shaikh claimed that Nazama’s husband Shaukatali had abused her during a heated argument. The complainant then called Nazama and told her to take her husband away.
The prosecution submitted that Nazama instead choose to side with her husband and attacked Shaikh with a knife, causing injury to her hand. Following the altercation, Shaikh received medical treatment at JJ hospital for her hand injury but four days later, Shaukatali again got into an argument with her, she told the court. Shaikh then decided to approach the police to lodge a first information report (FIR).
The court held that considering the complainant “has not described the words which were uttered by the accused on August 18, 2014”, and in the absence of the evidence, it cannot be said that Shaukatali’s words were obscene.
Apart from the police not seizing the knife, the medical officer also was not examined by the prosecution. The court also noted the delay of five days in lodging the FIR and the absence of any reasons for the delay by the prosecution, which magistrate GB Yadav said proved fatal for the prosecution’s case.