Mumbai: A sessions court here on Monday acquitted a woman traffic police constable and a businessman in case filed against each other over a dispute related to parking a car on Babulnath Road on March 30, 2011, finding inconsistencies in their versions of the incident. The incident began when the businessman parked his car near the Bapu Smruti Building to pick up friends.
A constable approached, knocked on his window, and asked him not to park on the road, allegedly directing him inside the compound. After his friend Sunil Shah arrived, he left but claimed the constable threatened him menacingly. Later, around 11.50 am, the businessman returned to drop his friend and stopped on the pavement.
He alleged the constable abused him with filthy language, punched him in the mouth, hitting his right ear and causing a reddish mark near his eye. The constable filed a counter-complaint, claiming the businessman assaulted her, used criminal force and threatened her while she was on duty. The court acquitted the constable, observing that evidence of assault fell short of proof beyond a reasonable doubt.
It noted: “Though there may have been heated verbal exchanges… the same by itself does not establish that the accused intentionally abused the complainant in filthy language or criminally intimidated him.”
Acquitting the businessman, the court criticised the prosecution for exaggerated evidence and a zeal to convict. It stated the law aims to prevent real obstruction to public servants’ duties, not punish citizens for challenging authority. The court concluded: “Due to the parking of the vehicle, a heated quarrel took place. It is possible that in the heat of the moment, both sides acted aggressively.” Both parties were cleared of all charges.
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