With the robbery victim, the investigating officer and other important witnesses untraceable, a sessions court has acquitted a man 30 years after he was booked for the offence, finding that evidence was insufficient to link him to the offence.
The complaint was registered by the one Lakshmibai Mahajan at Antop Hill Police station in July, 1993. She had complained that four persons had entered her home, confined her in the bathroom and fled with jewellery and Rs19,500 in cash. The investigation was transferred to the crime branch.
Only one accused, Purushottam Pujari alias Ajay Shetty, faced trial as his three co-accused were absconding. The crime branch had examined only one witness - a jeweller who had bought a gold chain with a Saibaba pendant from the accused persons. As per the prosecution’s case, it was Pujari who had led the police to the jeweller after his arrest. The jeweller in his testimony had told the court that he had purchased the chain from the accused persons because he was in need of money. He had denied any links with the accused persons. He was declared hostile by the prosecution.
The prosecution had informed the court that important witnesses, including the complainant, the investigating officer and others, were untraceable and that it wishes to close its evidence. The court stated in its judgment of January 31 that by this way, the prosecution has made clear that other evidence linking the accused to the offence, is unavailable. “Only conclusion in such a situation is that the accused needs to be acquitted from the offences for which he is charged,” Additional Sessions Judge MS Kulkarni stated. The court added that even the prosecution could not secure the presence of the investigating officer and informed it that he is untraceable.
It noted that the jewellery recovered from the jeweller was already handed over to the niece of the complainant. It directed that the jewellery will continue in her custody “forever” unless a charge sheet is filed against absconding accused.
