Police fail to hold identification parade, 4 acquitted

According to the prosecution, Nishant Mahimtura, a manufacturer of plastic brushes and moulds, was repeatedly threatened by Kadam, a local goon, who had been trying to extort money from him since 1987.

On September 26, 1994, Mahimtura was at his office with some employees when Kadam and three accomplices entered, armed with a chopper, and demanded Rs 2 lakh. Mahimtura was carrying Rs 50,000 in a briefcase but refused to hand it over.

Kadam snatched the briefcase and handed the money to one of his accomplices. After issuing some more threats, Kadam left.Mahimtura, armed with a licenced revolver, followed them. Kadam and his associate, later identified as Allauddin Shaikh, rushed towards Mahimtura with choppers. Mahimtura fired two rounds from the revolver in the air in self-defence. Shaikh was injured on the leg and hands. All the accused fled but were arrested later.

Special Public Prosecutor Mohini Khatri told the court that three eyewitnesses including Mahimtura have not identified the accused but Shaikh was identified by Dr H S Pitale, who had removed two bullets from his body. Khatri pointed out that the doctor is an independent witness and has no enmity with Shaikh and prayed for the conviction of Shaikh.

Defence advocate K N Tavakulli told the court that there no witnesses had identified Shaikh and that the police have not held any identification parade. He pointed out that no eyewitnesses have stated in their evidence that Shaikh was injured by a bullet shot by Mahimtura. He added that the bullets were not produced, exhibited or taken on recordand that the doctor in this case was shown the bullets.

Judge Shivkar observed that there is no material on record to connect the accused with the offence and hence they deserve to be acquitted.