10 years after protests over train delays, 17 cleared by Thane court of rioting charges

On September 8, the Thane court acquitted 17 of them, while two had passed away pending trial.

Additional Sessions Judge V L Bhosale said there is “total failure of identification, absence of medical and independent evidence and
serious investigating lapses”. The court stated that the witnesses were all police personnel and that they failed to establish the identity of the members of the unlawful assembly.

“Not a single witness identified a specific accused with a specific overt act. All testimonies are omnibus, directed against an ‘anonymous mob’ in order to make the accused criminally liable; (the) law requires individual responsibilities. Every prosecution witness is a police officer. The prosecution has not examined any commuter, shopkeeper, or railway staff,” the court said.

The court said evidence shows that initially, the public was trying to stage a lawful protest over the disruption of the trains. “The prosecution has not produced on record any evidence to show that the unlawful assembly was formed with a common object,” the court said, adding that no medical report or independent witnesses corroborated allegations of stone pelting.

It said there was also no medical evidence to prove injuries caused to any of the police personnel due to stone pelting or attack by the mob. One police personnel’s medical report shows no injury but only ‘abrasion with swelling’, while medical reports of other officers or civilians were not produced. The police also failed to produce proof of damage done to police vehicles, the court said.

“Thus, the prosecution has utterly failed to establish the guilt of the accused beyond a reasonable doubt,” it said. While police personnel had relied on video recordings to identify the accused, the court said that the recording was not collected as per procedure.

The accused were acquitted of charges including rioting, use of criminal force against public servants, causing grievous hurt and other charges of the Indian Penal Code and sections of the Prevention of Damage to Public Property Act.

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