Kalyan court acquits five persons accused of rioting, assaulting woman in 2008

Thane, Aug 9 (PTI) A court in Maharashtra's Thane district has acquitted five men accused of rioting and assaulting a woman in 2008, citing the absence of any direct and cogent evidence.

District Judge P P Muley of the Kalyan court acquitted Dhanaji Laxman Ghavat, Namdev Motiram Ghavat, Pandurang Yashwant Ghavat, Pandurang Deu Vadavale, and Waman Balsiram Ghavat of charges under relevant provisions of the Indian Penal Code and Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

A copy of the order passed on August 2 was made available on Saturday.

On March 21, 2008, the accused allegedly formed an unlawful assembly at Milhe village in Murbad taluka, outraged the modesty of a woman, and later trespassed into a neighbour's house to cause damage and assault people.

Judge Muley noted that the prosecution's case was based on the premise of an unlawful assembly with the common object to commit the crime. However, the evidence presented was insufficient to prove this.

It further stated that the victim herself had denied that the accused ever used any criminal force towards her to outrage her modesty.

The court also held that merely because the victim belongs to the Scheduled Castes or Scheduled Tribe community cannot be a ground to attract provisions of the Atrocities Act.

"In the absence of any direct and cogent evidence, the charge against the accused cannot be said to be proved," the judgment stated. PTI COR ARU