Court acquits businessman accused of abusing tribal man, cites faulty probe

Thane, Sep 30 (PTI) A court here has acquitted a businessman accused of abusing a tribal man in 2018, citing insufficient corroboration of the prosecution's evidence.

Additional Sessions Judge A S Bhagwat, in the judgment on September 26, observed that the prosecution failed to prove its case beyond a reasonable doubt.

A copy of the order was made available on Tuesday.

Jayesh Ramesh Bhoir (39), a businessman from Thane city in Maharashtra, was accused of abusing and threatening Raju Budhya Tumbada, a member of the Warli tribal community, during a dispute over land ownership here on January 28, 2018.

Tumbada, who is the complainant in the case, alleged that Bhoir attempted to encroach on his agricultural land by erecting cement poles with the help of a labourer.

When the complainant and his wife resisted, Bhoir allegedly hurled caste abuses, according to the FIR lodged at Kasarvadvali Police Station under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution examined nine witnesses, including the complainant, his wife, two panchas, eye-witnesses, and investigation officers. Several documentary exhibits, such as caste certificates, civil suit plaints, and panchnamas, were also placed on record.

Judge Bhagwat, after reviewing the evidence, pointed to several deficiencies and contradictions in the prosecution's case: "The prosecution witness had lodged the complaint two days after the alleged incident. The delay of two days is not explained in the FIR or any other document. Hence, as per the settled legal position, the FIR is to be viewed suspiciously," the court said.

"The prosecution witness had admitted inimical relations with the accused over land dispute from prior to the date of the incident. Witness has also admitted that several litigations are pending over the said land dispute in the civil court. Therefore, there is a clear-cut possibility of false implication of the accused by witness," it noted.

There is no convincing corroboration of the evidence of the prosecution witness, the court said.

The independent eye-witnesses have not supported the prosecution's case at all and have turned hostile, it said.

The investigation of the case is "faulty and not as per provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act," it added while acquitting the accused. PTI COR GK