Thane, May 19: The Thane Sessions Court has acquitted a 28-year-old man accused of allegedly obstructing a public servant during an anti-encroachment drive carried out by the Thane Municipal Corporation (TMC), holding that the prosecution failed to establish the ingredients of the offences charged against him.
The accused, Vishwas Nathu Chavan, was prosecuted under Sections 353, 143, 147 read with 149 of the Indian Penal Code for allegedly forming an unlawful assembly with 10 to 15 persons and using criminal force against municipal officials during a demolition drive near Savarkar Nagar Health Centre in Thane on July 3, 2009.
Prosecution alleged obstruction during demolition drive
According to the prosecution, TMC senior clerk Prakash Dattatray Bhise had received orders to remove an illegal construction and had gone to the site along with colleagues, labourers and police personnel for bandobast.
The team allegedly began demolition work on the eighth floor of a building when the accused, along with labourers and several women residents, arrived and allegedly asked the officials to stop the demolition.
The prosecution claimed that despite attempts by municipal officials and police personnel to convince the group, the residents intervened, allegedly forcing the demolition work to stop, following which an FIR was registered.
Court finds prosecution evidence insufficient
During the trial, however, the court found that the prosecution witnesses themselves gave vague statements regarding the accused’s role in the incident.
In its order, the court observed that merely asking officials to stop demolition work could not amount to use of criminal force against a public servant.
“Along with police bandobast and merely because the accused asked these persons to stop the demolition work, for any reason, would not make out the ingredients of the offences alleged against him,” the court noted.
The court further observed that prosecution witness Ashok Kate had only vaguely stated that the accused “tried to create hurdle in the demolition process.”
“But then, that cannot tantamount to use of criminal force with a view to deter a public servant from performing his duty,” the court held.
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Benefit of doubt granted to accused
Another prosecution witness, Bharat Patil, told the court that some local residents had resisted the demolition process and that the accused was allegedly the leader of the group.
After considering the testimonies of the prosecution witnesses, the court concluded that the prosecution had failed to bring home the guilt of the accused beyond reasonable doubt and acquitted Chavan of all charges.
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