Thane: Two persons accused in rape case acquitted; victim and witnesses untraceable

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A court in Maharashtra's Thane district has acquitted two men accused of raping a woman in 2021, observing the victim and other witnesses were not traceable and charges against the accused were not proved, reported news agency PTI.

Additional Sessions Judge AS Bhagwat, in his order on January 20, held the prosecution failed to prove the charges against the accused, Vijay Shetty (29) and Mohammad Sarvar Abdulla Shah (39), and they need to be given the benefit of the doubt, reported PTI.

A copy of the order was made available on Monday.

The prosecution told the court that on May 22, 2021, the two men forced the victim (age not mentioned in the order) to consume liquor excessively in a room in a building at Sabegaon in the Diva area and allegedly raped her, reported PTI.

They also beat up the woman, the prosecution alleged.

The two men were charged under various legal provisions, including for gang rape.

The judge noted that the deposition of a lone prosecution witness, a panch witness, could not establish anything against the duo, reported PTI.

Moreover, the victim and the other witnesses are not traceable and despite a notice to the prosecution, it could not produce them before the court, the judge said, reported PTI.

Hence, it is held that the charges against the accused are not proven and they are acquitted, the court said.

Thane court acquits two persons after 9 years in attempt to murder case

A court in Thane district acquitted two persons accused of attacking and injuring a man nine years ago, citing insufficient evidence in Maharashtra, reported news agency PTI.

Additional sessions judge Amit M Shete acquitted Imran Akhtar Sayyad and Anant Jairam Bhagat in a 2015 attempt to murder case.

The copy of the order, dated a week ago on January 13, was made available on January 20.

A group of men attacked the victim, Sandeep Gadekar, with weapons in Kalwa on August 31, 2015, as per the case details. The man sustained severe injuries to his head, neck, and abdomen and was hospitalised.

The Kalwa police registered a case under Indian Penal Code (IPC) sections 143 (unlawful assembly), 147 (rioting), 148 (rioting armed with a deadly weapon), 307 (attempt to murder), and 452 (house trespass to assault), among others.

In its order, the court noted that there were critical omissions in the victim's testimony, which contradicted his earlier statements to the police.

The court also took note of the victim and his family's criminal background. The victim had been externed due to his involvement in criminal activities, reported PTI.

Judge Shete ruled that the evidence against the accused was insufficient to establish guilt beyond a reasonable doubt and directed the police to apprehend the remaining absconding accused and file a separate chargesheet.

(With inputs from PTI)