Mumbai, Feb 03: Acquitting 24-year-old Diya Padalkar, a media student, the court noted that she did not sustain any injury except one on her lips, indicating that she did not participate in the murder.
Mother vows to challenge acquittal
Nidhi Kukreja, the mother of 19-year-old Jhanvi, attended all hearings as an intervenor during the trial through her lawyer Trivankumar Karnani. She vowed to challenge Padalkar’s acquittal.
Court’s reasoning on injuries
The court further noted that Diya was present with the victim and Jogdhankar on the staircase and sustained a lip injury. “No other injuries were proved. Her clothes were neither blood-stained nor torn. Had she actively participated in the assault along with Jogdhankar, she would likely have sustained abrasions or contusions. This makes her involvement in the fatal assault doubtful,” the court reasoned.
No common intention established
It added, “She might have had an altercation with the victim and there may have been some shoving or scuffling, resulting in injury to her lip. However, the material on record does not support the contention that she shared a common intention to kill the victim.”
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Court rejects abetment argument
The prosecution had contended that Diya kept silent about the incident when she returned to the party after the assault, which made her an abettor of the crime. “Due to fear, she might not have disclosed the happenings. Merely because of her non-disclosure, she cannot be held to be an accomplice,” the court countered.
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