Court acquits 5 booked for Naxal links, raps prosecution over delay in proceedings

In 2010, the Gondia Police booked nine persons claiming they were members of the banned organisation CPI (Maoist). They were accused of spreading their ideology in rural and urban areas. All the accused were acquitted in 2014. Subsequently, six more accused were arrested and a supplementary chargesheet was filed.

Kurwatkar, Gadgodghate, and Bawne were also arrested by the Chandrapur Police in another case over a similar offence. During the trial, witnesses — including independent panchas who were present during searches — admitted the panchnamas in the case were from the Chandrapur case.

The court said the three were roped in this case as they were accused in the Chandrapur FIR. As they were acquitted, they cannot be tried again, the court said, because the law does not permit a person to be tried for the same offence twice amounting to double jeopardy.  The prosecution failed to establish their link with the previous nine accused booked by the Gondia Police, the court highlighted.

The case dated back to 2010, it was noted, but the sanction was taken in 2014 and 2015 to prosecute the accused under the Unlawful Activities (Prevention) Act. “The offence is of 2010. The sanction was accorded on 18/10/2014 and 04/09/2015. There is a considerable delay of about five years which is not explained by the prosecution. Since no witness was examined in respect of sanction the accused had no opportunity to cross-examine the witness on this point,” the court said, adding the prosecution has failed to prove a legal and valid sanction was accorded to prosecute the accused.

The court said one of the witnesses denied being a Naxal who surrendered, and instead said he was called by the police to record a statement when there was an arrest in Naxal cases, especially those involving the investigating officer of this case.

“The perusal of entire evidence on record shows the witnesses examined by the prosecution are not trustworthy and are deposing under the compelling situation and pressure of police,” special Judge Adil M Khan said adding that none of the witnesses had identified any of the accused before the court or submitted on their role in the offence.