Mumbai: Accused acquitted as cop fails to give proof

  • | Tuesday | 17th July, 2018

However, that didn't stop the accused from sending messages. According to the woman's allegations, the accused kept sending her indecent messages on WhatsApp. But these legal ways were not followed by the officer and which thus turned the evidence as an illegal one. Also, it was further observed that the panch witnesses which were examined by the police were repetitive witnesses who were examined in several other cases too, thus the court held that it cannot believe on those statements. The woman initially clarified to him about her identity in order to ensure that there is no mistaken identity.

The Metropolitan Magistrate's Court, Mazgaon while deciding on a matter wherein a youth had allegedly tried to outrage the modesty of a woman by sending her untoward messages, held that the investigating officer miserably failed to provide legal evidence in the matter despite the fact that there was enough evidence to hold the man guilty. The court also held that investigation in the matter was performed in the most negligent manner as even the Panch witnesses, were repetitive, and thus their evidence was not at all reliable. The court thus has acquitted the man. A case was registered with the Kalachowki police by the woman against the 37-year-old man in May 2015. According to the woman's allegations, the accused kept sending her indecent messages on WhatsApp. The woman initially clarified to him about her identity in order to ensure that there is no mistaken identity. However, that didn't stop the accused from sending messages. In the end, she approached the police and filed a complaint. The court after going through the evidence maintained that since the evidence was in an electronic form, as the officer had taken the snapshots of the messages, it was important for the officer to issue a certificate for the same. But these legal ways were not followed by the officer and which thus turned the evidence as an illegal one. Also, it was further observed that the panch witnesses which were examined by the police were repetitive witnesses who were examined in several other cases too, thus the court held that it cannot believe on those statements. DETAILS OF THE CASE

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