MUMBAI: Observing that merely utilizing threatening phrases with out motion or gesture to create concern or annoy wouldn’t entice the offence of assaulting or utilizing legal power to discourage public servant from discharge of his obligation, a periods courtroom acquitted an Andheri businessman, Tabrez Qureshi (42), who was accused of attacking BMC officers once they have been taking motion towards his “unlawful mutton store” in 2005.
Two BMC officers couldn’t determine the accused in courtroom. At deposition 15 years had lapsed and one of many two cited delay for his incapability to determine the accused. “Prosecution witness 1 and three (BMC officers) nowhere state that the accused used assault or legal power on prosecution witness 1 to forestall or deter the general public servant from discharging the lawful public obligation,” the decide stated.
The decide stated Qureshi’s presence appeared uncertain.
‘Proof creates doubt on truthfulness of case’
“Subsequently, the prosecution failed to determine the guilt of the accused… as proof of prosecution is creating doubt in my thoughts about truthfulness of prosecution case, good thing about doubt needs to be given to the accused,” the courtroom stated. The courtroom stated there was doubt relating to truthfulness concerning the incidence really taking place because the prosecution’s proof was not constant. “There isn’t any correct rationalization given by prosecution relating to non-examination of unbiased witness, non-seizure of weapon (chopper) and never conducting the spot panchnama,” the courtroom noticed. Anant Sangale, then an inspector in BMC, had lodged report with Oshiwara police in June 2005. He alleged that on June 20, he was with the vigilance division. He stated on orders from a superior officer, he and 7 workers went to the store.
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