Thane, Dec 8 (PTI) A Thane court has acquitted 10 individuals accused in a 19-year-old case of rioting and attempt to murder police personnel during a protest, citing vague and insufficient evidence presented
by the prosecution.
Additional Sessions Judge, Kalyan, P R Ashturkar, in the judgment on December 1, said the prosecution could not prove any of the charges levelled against the accused beyond a reasonable doubt.
A copy of the order was made available on Monday.
According to the prosecution, the protest took place at Ulhasnagar in Maharashtra's Thane district on November 30, 2006, following an "unpleasant" incident at Kanpur in Uttar Pradesh on November 28 that year.
A large number of people gathered and some of them (accused) created a ruckus, caused damage to private and government properties and attacked police personnel and other persons.
The police later registered a case against 14 persons under various IPC sections, including attempt to murder, rioting and unlawful assembly, and provisions of the Bombay Police Act and the Prevention of Damage to Public Property Act.
The case against four of the accused was abated due to their death during the pendency of the trial.
The judge in the order said, "It can be seen that there is no evidence of any independent witness. As no identification parade was conducted, there is absolutely nothing on record as to how the present accused were identified, that too from the mob of 2000 to 2500 persons."
"The evidence adduced by the prosecution is very general and vague. It is not sufficient enough to bring home the guilt of the accused persons, that too beyond reasonable doubt," the court said.
The court also noted that two key witnesses "resiled" from their previous statements and did not support the prosecution's case.
Those acquitted in the case are Kishor Tarachand Pawar (autorickshaw driver), Milind Damodar Nikam, Nitin Rohidas Bhalerao (both singers), Pankaj Sitaram Baviskar, Sanjay Dhudku Jadhav (businessmen), Parmeshwar Dilip Baviskar, Sanjay Ratan Nikam (labourers), Vijay Bharat Tambe (painter), Sunil Pralhad Sakpale (tailor), Gautam Ramdas Dhivre, who worked in a private company. PTI COR GK
