Thane Sessions Court Acquits 3 Men In 2009 TMC Officer Threat Case Citing Lack Of Evidence

Thane, June 22: The Thane Sessions Court has acquitted three men accused of allegedly threatening and obstructing a Thane Municipal Corporation (TMC) officer in connection with the acceptance of property tax on an alleged illegal construction, holding that the prosecution failed to prove its case beyond reasonable doubt.

The case arose from incidents alleged to have occurred between August 17 and 19, 2009, but came to be decided nearly 17 years later, with the prosecution ultimately examining only a single witness.

Additional Sessions Judge Mahesh S. Lone acquitted three men — Sunil Liladhar Nare, Nityanand Dnyanoba Waghmare and Manjeetsingh Ratansingh Arora — of offences punishable under Sections 353 (assault or criminal force to deter a public servant from discharge of duty), 504 (intentional insult) and 506 (criminal intimidation), read with Section 34 of the Indian Penal Code.

Court Finds Gaps In Prosecution Case

According to the prosecution, complainant Ashok Burpalle, then a ward officer with the TMC, alleged that Nare repeatedly pressured him in August 2009 to accept house tax for an alleged illegal construction.

Burpalle claimed he was threatened over the phone, inside his office and later near his residence after refusing to do so. An FIR was subsequently registered at Kapurbawdi Police Station.

However, while acquitting the accused, the court observed that to establish an offence under Section 353 IPC, the prosecution was required to prove that the complainant was discharging official duties at the relevant time.

The court noted that although the prosecution claimed Burpalle was serving as a ward officer, no documentary evidence was produced to establish that he was a public servant carrying out official duties during the alleged incidents.

The court further observed that there was no material on record to support the prosecution’s claim that the government had a policy of refusing to accept taxes from illegal constructions. It also found no evidence showing that the complainant was duty-bound to accept such tax payments.

Benefit Of Doubt Granted

The judgment noted that although the complainant stated that the incident occurred during office hours in the presence of other government employees, the investigating officer had neither recorded statements of those employees nor produced any independent evidence corroborating the allegations.

“There is nothing on record to show that the accused had carried out illegal construction and was insisting that the informant accept tax against such construction. There is also nothing on record to show that when the informant refused to accept the tax amount, the accused abused or threatened him,” the court observed.

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Holding that the limited evidence on record was insufficient to establish guilt, the court granted the accused the benefit of doubt and acquitted all three men.

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