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Seven cops acquitted in 2013 custodial death case

The court held that the absence of direct, reliable evidence linking accused to the fatal assault as well as an incomplete and unproven chain of events along with witnesses turning hostile in the case had weakened the prosecution's case.

The court also held that it was not convinced that the mere testimony of the Investigating officer could not help prove the statements of the hostile witnesses, which had "created a doubt about the prosecution's narrative".The court also held that it was not convinced that the mere testimony of the Investigating officer could not help prove the statements of the hostile witnesses, which had "created a doubt about the prosecution's narrative". (File Photo)

Holding that the prosecution had failed to establish custodial torture beyond doubt, a sessions court in Ahmedabad on Friday acquitted seven police personnel in a 2013 case of custodial death of a man named Raju Thakkar, who ws allegedly illegally detained at the Ajit Mill police chowki in a case of alleged theft and house break-in. An eighth police personnel, also an accused in the case, died during the course of the trial.

The court held that the absence of direct, reliable evidence linking accused to the fatal assault as well as an incomplete and unproven chain of events along with witnesses turning hostile in the case had weakened the prosecution’s case that the accused had allegedly assaulted the victim to extract a confession, leading to his death. The nine accused include B R Patel, B A Jadeja, J C Patel, Dharmendrasinh Rana, Mukesh Kumar Patel, Kanji Vihol, and Dhiraj Desai. The eighth accused, Ashok N Bhatt, had died during the trial.

The prosecution’s case was that the deceased was picked up by police personnel based on suspicion in a theft case. He was allegedly illegally detained at Ajit Mill police chowky where two accused allegedly assaulted him to extract a confession, leading to his death. The body was allegedly disposed of to destroy evidence. The charges invoked against the accused police personnel in an FIR Sardarnagar police station included IPC sections 302 (murder), 330 (torture), 342/348 (wrongful confinement), 201 (destruction of evidence), and 166 (public servant disobeying law).

The court also held that it was not convinced that the mere testimony of the Investigating officer could not help prove the statements of the hostile witnesses, which had “created a doubt about the prosecution’s narrative”. Stating that the prosecution had “failed to establish beyond reasonable doubt” the case against the accused, the court acquitted all seven surviving police personnel.

Defence lawyers AM Nair, RS Verma, BP Zala, and MI Laliwala argued for the police personnel accused in the case.

Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More

 

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