A special court in Maharashtra`s Thane district has acquitted a couple, accused of assault and hurling casteist slurs, holding that the prosecution had failed to prove the charges beyond a reasonable doubt, reported news agency PTI.
Additional Sessions Judge A S Bhagwat of the special court handling cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, often referred to as the Atrocities Act or SC/ST Act, also pointed to inconsistencies in the evidence presented.
A copy of the acquittal order of September 10 was made available on Friday.
According to the prosecution, on December 11, 2020, the accused tried to encroach upon the complainant`s land at the Kavesar area in Thane city. The couple allegedly made casteist remarks, assaulted the complainant`s mother and threatened to kill him, reported PTI.
However, the court noted material discrepancies in witness testimonies.
“There is no corroboration from the prosecution witness about the abuses allegedly hurled. She only deposed that the accused said to them `xxx`, which cannot be termed as abuse,” the court said.
It raised doubts over the testimony of the prosecution witness concerning the claim of assault.
The judge also highlighted that all the witnesses were related to the complainant, and no independent witness was examined, reported PTI.
Acquitting the couple, the judge said, “The prosecution has failed to prove its case beyond a reasonable doubt against the accused for the alleged offences.”
Thane court acquits man accused of raping, assaulting woman
In another case, a court in Maharashtra`s Thane district acquitted a 21-year-old man accused of raping a woman on the promise of marriage in 2016, citing inconsistencies in her testimony and lack of corroborating evidence, reported PTI.
Additional Sessions Judge D S Deshmukh acquitted Vijay Dinesh Mishra, who was booked on the charges of rape, assault, cheating, and criminal intimidation under the Indian Penal Code, reported PTI.
A copy of the order passed on September 2 was made available on Monday.
As per the case registered in October 2016, the accused allegedly repeatedly raped the complainant under the pretext of marriage, physically assaulted her, and cheated her of Rs 6.4 lakh.
The prosecution examined four witnesses, including the complainant and her father, during the seven-year trial.
The judge noted a contradiction in the woman`s testimony in court and her initial FIR.
The court pointed out that the long delay in reporting the alleged assaults, which began in January 2016, suggested a consensual relationship.
“Her silence creates doubt about her version that she was repeatedly raped by the accused,” it stated.
A chemical analysis report found human blood on the woman`s clothes, but the prosecution failed to provide evidence linking the blood to the accused, the court noted, reported PTI.
The defence argued that the complaint against the accused was lodged due to a financial dispute.
The court also noted that the woman admitted to having quarrelled with the accused and their families, leading to the filing of cross-complaints.
The judge also pointed out that the woman and her father had admitted to a settlement deed and receiving money from the accused, reported PTI.
The court concluded that the prosecution had failed to prove the accused`s guilt beyond a reasonable doubt.
(With inputs from PTI)
