Thane, June 17: The Thane Sessions Court has acquitted a 25-year-old man accused of assaulting prison officials inside Thane Central Prison in 2017, holding that serious lapses on the part of prison authorities created substantial doubt about the prosecution’s case.
Additional Sessions Judge G.T. Pawar acquitted Arman Nafis Khan of offences of assaulting a police officer and criminal intimidation, observing that the prosecution failed to establish the charges beyond reasonable doubt.
According to the prosecution, prison officer Sambhaji Dnyandeo Pise alleged that on March 2, 2017, Khan, then lodged in the high-security barrack of Thane Central Prison, assaulted him with a sharp metal strip while food was being distributed.
The prosecution claimed that Khan allegedly injured Pise near his neck, attacked two other prison personnel who intervened, and later threatened them.
However, during the trial, the defence argued that Khan had been shifted from a prison hospital ward without proper procedure, was assaulted by prison staff and was subsequently implicated in a false case to prevent him from approaching the court or the Human Rights Commission regarding the injuries allegedly inflicted upon him.
Court notes shortcomings in investigation
The court found merit in several shortcomings highlighted during the trial. The Investigating Officer testified that he had repeatedly sought CCTV footage of the alleged incident from prison authorities, but despite official correspondence, the footage was never supplied.
The officer also stated that he could not immediately inspect the scene because prison authorities did not grant permission, resulting in a delay of 15 days before he could visit the spot.
The court noted that Khan had been undergoing treatment in the prison hospital before the alleged incident and observed that the prosecution failed to explain when and why he was shifted to the high-security barrack. It further noted that discharge papers from the hospital ward were not produced and that the injuries sustained by Khan were not properly explained by prison authorities.
Judge questions conduct of jail authorities
“The conduct of jail authorities in not allowing the Investigating Officer to visit the spot immediately, withholding CCTV footage and failing to explain the injuries sustained by the accused properly creates a serious doubt about the prosecution case,” the court observed.
The judge further noted that the defence contention that Khan may have been beaten by prison staff and falsely implicated to shield officials from possible action could not be ruled out in the circumstances of the case.
The court also found it significant that the alleged weapon used in the assault was produced by the complainant himself at the police station while lodging the report, adding to the doubts surrounding the prosecution version.
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Accused acquitted of all charges
Holding that the prosecution had failed to prove that Khan assaulted, injured or criminally intimidated the prison officials, the court acquitted him of all charges.
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