Man accused of pushing friend off highrise acquitted; court cites 'lack of direct evidence'

Mumbai, Jan 31 (PTI) An accused cannot be convicted based on mere suspicion or circumstantial evidence that does not conclusively establish guilt, a court said while acquitting a man booked for allegedly pushing his friend off a highrise in Dahisar.

Amey Darekar(27) was booked on the charge of attempt to murder for allegedly pushing Priyangi Singh (24) in November 2022.

Additional Sessions Judge (Dindoshi Court) D G Dhoble, in his order of Thursday, said the prosecution has failed to prove its case "beyond reasonable doubt that the accused committed the alleged crime".

In the detailed order made available on Friday, the court held there is "lack of direct evidence" in the case.

Inconsistencies in medical history and the absence of clear motive create substantial doubt regarding the prosecution's version, the court observed.

"Oral and documentary evidence" are not sufficient to conclusively prove the prosecution's case, the judge said.

"The accused cannot be convicted based on mere suspicion or circumstantial evidence that does not conclusively establish guilt. The principles of criminal law require proof beyond reasonable doubt, and the prosecution has failed to meet this standard," the court ruled.

As per the prosecution, Priyangi's father filed a complaint alleging that on November 13, 2022, between 4.30 pm and 8 pm, Priyangi and Darekar met on the roof of a highrise in Dahisar, where they consumed alcohol.

As per the complaint, the duo reportedly had an argument, during which Darekar allegedly assaulted Priyangi and pushed her off the 18-foot high water tank on the building, leading to her suffering multiple injuries.

However, the woman deposed before the court that she may have fallen on her own and added she did not remember what exactly happened. She testified that the accused did not push her from the water tank on the terrace.

The court stated that the victim does not support the prosecution case.

The victim has stated that she and the accused were sitting on top of the water tank watching videos related to a leopard sighting in the area, the order mentioned.

She has denied allegations of assault and admitted her love relationship with the accused, the order said.

The woman had stated Darekar never hurt her and expressed her wish that he be released from jail, the order said.

Since the prosecution has not been able to establish the fundamental elements required under Section 307 of Indian Penal Code, including the actus reus (physical act of attempt) and mens rea (intention to kill), the accused is entitled to benefit of doubt, the court observed.

Further, the prosecution has failed to establish that the accused intentionally assaulted the victim with the intent to commit murder, it held. PTI AVI BNM