Navi Mumbai, Feb 20: The Additional Sessions Court at Belapur has acquitted 17 men who were arrested by the Nerul Police in connection with the alleged vandalism of a school premises in Nerul where Railway Board examinations were scheduled to be conducted in 2008.
The court held that the prosecution had “miserably failed” to prove the charges beyond reasonable doubt, entitling the accused to the benefit of doubt.
Court reiterates burden of proof principle
In its detailed judgment, the court reiterated the settled principle of criminal jurisprudence that in cases involving criminal liability, the burden lies entirely on the prosecution to prove the offence beyond reasonable doubt.
“The accused is not required to prove his innocence,” the court observed, adding that in the present case, the prosecution failed to discharge this burden.
The case stemmed from an incident dated October 19, 2008, between 11 am and 11.15 am, at Pune Vidyapeeth Gruh Vidya Bhavan School, Sector 18, Nerul, Navi Mumbai.
According to the prosecution, the accused, along with 40 to 42 unidentified persons, had formed an unlawful assembly with the common object of stopping the Railway Board examination for the posts of Clerk and Goods Guard.
It was alleged that the group protested outside the examination centre, objecting to the conduct of the exam and claiming that candidates from outside Maharashtra were being given preference in Railway jobs, while local candidates were being sidelined.
The prosecution further claimed that the accused forcibly entered the school premises by breaking open the lock and iron grill gate, assaulted candidates, tore question papers, answer sheets, admit cards, and attendance sheets, and caused damage to school property estimated at Rs 5,000. They were also accused of obstructing police officials in the discharge of their duties.
Serious deficiencies in prosecution evidence
However, the court found serious deficiencies in the prosecution’s evidence. The panch witness, before whom the police had allegedly conducted the seizure of articles and arrested the accused, failed to support the prosecution’s case and was declared hostile.
The court noted that several inconsistencies, infirmities, and flaws in the prosecution’s evidence were material and went to the root of the matter.
“The evidence on record, even though shows that some disturbance did take place at the examination centre on the day of the incident, however, the involvement of the accused is not proved beyond doubt,” the court held.
While one witness identified the accused, the panch witness did not. Significantly, the police had not conducted a Test Identification Parade. The court also pointed out that the police failed to specify the individual role of each of the accused persons.
Further, the judgment copy says that some witnesses admitted that they had not personally seen the incident but were informed about it by the police.
The court also cast doubt on the seizure of articles, terming it a “doubtful seizure” as no independent panch witness supported the prosecution. Additionally, there was no documentary proof to show that certain witnesses were on official duty at the relevant time.
Also Watch:
Benefit of doubt extended to accused
“In criminal law, the prosecution must prove the case beyond reasonable doubt. In the present case, the evidence is not strong enough to firmly establish the guilt of the accused. Therefore, the accused are entitled to the benefit of doubt,” the court observed while acquitting all 17 men.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
