Court acquits 5 women, says not possible to believe they overpower 10-12 police personnel
The court also said there were discrepancies in the deposition of the eyewitnesses including in describing where the incident took place.
Five witnesses were examined during the trial, but most of them were police eyewitnesses. (Source: File/ Representational) Observing that it is difficult to believe that five women overpowered 10-12 police personnel and assaulted them at a police station, a sessions court cleared the women in a 2015 case of assault at Bhandup police station.
On May 1, 2015, a quarrel took place between two groups of neighbours, following which three of them came to the police station to file a complaint. The second group also reached the police station to file complaint. A fight began at the police station between the two groups. Even as the police personnel tried to intervene to stop them, five of the women began assaulting the constables, the police had said. Five witnesses were examined during the trial, but most of them were police eyewitnesses.
“Eyewitness police constable conceded that there were 10 to 12 policemen on duty at the time of incident. If it was so, then how they could not control only five ladies. It is difficult to believe that only five ladies overpowered 10 to 12 policemen and assaulted them,” the additional sessions court said in the order on June 4.
The court also said there were discrepancies in the deposition of the eyewitnesses including in describing where the incident took place.
The court also said that CCTV footage from the police station was not submitted by the police claiming that there were no cameras where the incident took place. It said in absence of any other evidence, the charges could not be proved against the women.
“When prosecution relies upon only testimonies of police witnesses, their testimony should be of sterling quality, i.e. should be free from any embellishment and contradictions. Police witnesses were interested witnesses. Conviction cannot be based on such uncorroborated and untrustworthy testimonies of police witnesses,” the court said. The court also said that independent witnesses were not examined which was a flaw in the prosecution’s case.
Reena Chavan, Deepa Chavan, Asha Chavan, Chhaya Pawar and Geeta Salunkhe were acquitted on charges of sections including 353 (criminal force or assault on a public servant) and 34 (common intention) of the Indian Penal Code.
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