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In a detailed order acquitting former MLA Ramesh Kadam in a case of alleged abuse of a medical officer at Arthur Road jail, a special court said there was no credible account or circumstantial evidence against him.
Kadam — who had been arrested in 2015 when he was an MLA, in connection with alleged misappropriation of funds when he was chairman of the Lokshahir Annabhau Sathe Magasvargiya Vikas Mahamandal — was acquitted in a separate case filed against him for alleged abuse of a medical officer on February 16. The detailed order of the court was made available on Saturday.
Kadam was booked in 2016 under sections related to use of criminal force against public servants on duty under the Indian Penal Code as well as relevant sections of the Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010.
An FIR was filed on the complaint of Dr Rajan Ghule, who was the medical officer of Arthur Road jail. The police had claimed that on February 24, 2016, a meeting was being held in the jail superintendent’s office and Kadam allegedly entered without permission and started to abuse Ghule as the former was angry that no guards were present to take him to the state-run JJ Hospital to treat an ailment. During the trial, however, Ghule denied these events. He said Kadam had abused the superintendent and not him.
The police also examined the jail superintendent and another medical officer who said Kadam had abused Ghule, but the court noted variations in their versions. The court also noted that one of Kadam’s defences was he was falsely implicated and that there were allegations Ghule prepared false reports for political leaders. The court said the jail superintendent had conceded there were such allegations during his deposition.
“In the background of the aforesaid admissions, the defence of the accused cannot be brushed aside lightly,” the special court said. It also noted that the register of the jail was not seized to show who was present on duty, nor was there any CCTV footage in spite of cameras installed.
“…there is neither a credible ocular account nor circumstantial evidence which establishes the guilt of accused beyond reasonable doubt,” the court said.
Kadam was released on bail last year in the other cases in which he is currently facing trial.
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