This is an archive article published on October 19, 2024
Thane court drops 2 charges against ex-minister Jitendra Awhad in engineer kidnap, assault case
NCP MLA Jitendra Awhad, who was then the housing minister, was involved in the abduction and assault of the engineer, Anant Karmuse, over a morphed photo of the minister shared on social media in 2020.
The police had claimed that Awhad, who was then the housing minister, was involved in the abduction and assault of the engineer, Anand Karmuse, over a morphed photo of the minister shared on social media. (Express File)
A sessions court in Thane has dropped two charges against former Maharashtra minister and Opposition NCP MLA Jitendra Awhad, and other accused in case of alleged assault of a Thane-based engineer in 2020 at Awhad bungalow. They will, however, continue to face charges including voluntarily causing hurt, kidnapping with an intent to confine and criminal intimidation.
With the two charges – kidnapping for ransom and kidnapping with intent to cause grievous hurt of the Indian Penal Code (IPC) – dropped, the trial will now be held in the magistrate court where the maximum punishment if convicted is seven years.
The police had claimed that Awhad, who was then the housing minister, was involved in the abduction and assault of the engineer, Anant Karmuse, over a morphed photo of the minister shared on social media.
Under the earlier two charges which were dropped, the accused would have had to face trial before a sessions court and if found guilty, could have faced a minimum of life imprisonment.
Awhad had sought for all charges against him to be dropped claiming that there was no evidence to show his involvement in the alleged assault of Karmuse. He had said that he was in fact cited as a witness in the initial chargesheets.
The police had stated that the assault took place at Awhad’s ‘Naad’ bungalow in Thane and he was named an accused in the third chargesheet based on evidence found during the probe.
“One may note that even though there is no personal involvement of the accused no. 13 (Awhad) in abduction or assault by fist and kicks but impugned episode had occurred at ‘Naad’ bungalow and it was in the presence of bodyguards and personal security. Therefore, there is involvement of accused no. 13,” the court said in its order on October 8.
Story continues below this ad
Awhad’s lawyer, V A Bhanushali, had also submitted that the police had wrongly invoked section 364A of the India Penal Code in the case as it relates to kidnapping for ransom from the government or its agencies with a minimum punishment of life imprisonment and it did not apply to this case.
He also said that section 367 (kidnapping with intent to cause grievous hurt) IPC was not applicable against the accused.
Additional sessions judge G G Bhanushali said that the investigating agency had brought no evidence to justify invoking both the sections. “The history behind insertion of Section-364-A and legislative intent for amendment in 1993 is to curtail militant and naxalite activities,” the court said. It also said that the medical certificate shows that Karmuse had sustained ‘simple injuries’ and hence section 367 IPC could not have been added.
Karmuse had said in his complaint that he was kidnapped and brought to the then minister’s bungalow in April 2020 and was assaulted in the presence of Awhad. Karmuse had said that his wife was called by Awhad and she was asked to delete the social media post and an apology was recorded.
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.
She tweets @sadafmodak ... Read More
3 min read
