The top court had on August 20 last year stayed a June 10 order disqualifying Usha Sharma and former mayor Poonam Grover (both from Congress) as ward councillors (Express Archives)
The Supreme Court on Thursday acquitted a man, who was on the death row for the past eight years, in a case of the murder of his mother, wife and two-year-old daughter in 2012.
A bench of Justices B R Gavai, Prashant Kumar Mishra and K V Viswanathan, cleared Vishwajeet Masalkar of all charges, setting aside the death sentence given to him by the trial court in 2016 and confirmed by the Bombay High Court in 2019.
The court said that the prosecution had failed to prove the crime beyond reasonable doubt. “It is a primary principle that the accused “must be” and not merely “may be” guilty before a court can convict, and every possible hypothesis except the guilt of the accused has to be ruled out. In our considered opinion, in the present case, the prosecution has failed to do so,” the Supreme Court said.
On October 4, 2012, Masalkar had reported that a robbery had taken place at his residence in Pune and that his mother Shobha, wife, Archana and daughter Kimaya were killed. He also informed the police that his neighbour was injured, and gold and cash from his house, valued at Rs 3.07 lakh were missing.
The police subsequently arrested Masalkar claiming that he was having an affair with a woman and had killed his family to be able to marry her. The police case mainly relied on the statement of the neighbour and recovery of a hammer claimed to have been made at the insistence of the accused.
Masalkar’s lawyer Payoshi Roy had submitted that the neighbour’s statement was recorded six days after the crime and there was no explanation by the police for the delay. The lawyer submitted that the neighbour’s statement was taken only after Masalkar was booked for the murders.
His lawyer pointed to discrepancies in the neighbour’s statement and raised questions on why he had not named Masalkar immediately as the accused, as he was conscious and oriented. The court discarded the neighbour’s testimony agreeing with the grounds stating that it was not a trust-worthy testimony.
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The court also said that the possibility of tampering with the recovery of the hammer cannot be ruled out. It said that since it was Masalkar who had reported the crime, his clothes having blood stains cannot be said to be unnatural. “That leaves us with the circumstance of motive. We find that solely on the basis of circumstance of motive, a conviction cannot be based,” the court said.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
Expertise
Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports.
Core Authority & Focus: Her work primarily centers on:
Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system.
Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on:
Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates.
Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children.
Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions.
Experience
Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor.
Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape.
Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism.
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