10 years after boy’s remains found under Mumbai bridge, 3 accused cleared of murder charges; 1 of them convicted for kidnapping

Special judge J P Darekar, in the order passed on July 25, stated, “…there is no evidence to show that any of the articles which were found on the spot are connecting with the present accused. The forensic evidence of these articles is silent.”

The case

The boy was reported missing by his father on October 10, 2015. He was last seen at a pandal near their home. On December 24, technicians attempting to fix a broken cable went below a bridge on the Eastern Freeway, which connects the eastern and southern parts of the city, and found a skeleton between the girders. They reported it to the police. It was subsequently identified to be that of the missing child based on the analysis of his parents’ DNA.

The police subsequently arrested four men from the neighbourhood, claiming that they had kidnapped the boy and sexually assaulted him before committing the murder. One of the men died during the pendency of the trial.

The three others continued to face the trial, during which one of the accused men told court that he was not in the city when the incident took place. His family members deposed that they had left for Uttar Pradesh days before the boy went missing, and were not in the city. They also said that their neighbours had approached various authorities, including the Bombay High Court, claiming it was a case of false implication.

The forensic expert who examined the remains deposed that it could not be determined whether the boy was sexually assaulted, as only the skeletal remains were found.

‘No attempt made to find people whose DNA was found’

“Investigation Officer has deposed about various steps taken by him during the course of investigation. He has admitted in his cross examination though DNA of accused persons does not match with DNA samples found on the beer bottles… He did not make any attempt to search those persons whose DNA was found…,” the special judge said.

“He has specifically admitted that during investigation, he came to know that accused No.2 had travelled with his family members and his father had gone to his native before the incident,” the judge added.

The court said that no witness or any other evidence was produced to show that the three men were seen going to the spot or that they were at the spot with the victim.

“Further, prosecution has failed to prove the acts of accused persons post commission of offence. No incriminating article has been recovered from any of the accused. Further, prosecution has not proved any motive behind the commission of offence,” the court said.

Against the accused man who was found guilty of kidnapping the boy, the court said that three people saw him with the victim on the day of the incident, but no other evidence was presented to prove the other charges against him. He was sentenced to seven years in jail, which was set off against the nine years he has already spent behind bars.

The counsel for the accused, Abdul Wahab Khan and Gaurav Bhawnani, had submitted that there were irregularities in the probe, including in the identification of the accused by the witnesses, claiming that their photographs were shown to them beforehand.

Although their DNA did not match with that found on any of the articles at the spot, the police did not probe to find the other persons whose DNA was found, they had told the court.

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