Thane court acquits 2 women accused of assaulting female cops inside police station in 2012

Thane, Aug 18 (PTI) A Thane court has acquitted two women accused of assaulting and obstructing female constables during an altercation inside a police station at Mumbra in 2012, observing the duo had been implicated after a dispute over the detention of a family member of one of them.

Delivering judgment on August 13, a copy of which was made available on August 18 (Monday), Additional Sessions Judge V G Mohite noted the prosecution has failed to prove its case beyond reasonable doubt, highlighted contradictions in testimonies of its witnesses and lapses in probe.

The accused, Nilopher Azhar Khan (51) and Nasima Abdul Rehman Bihari alias Bepari (63), were accused of abusing, biting, and assaulting women constables during an altercation inside the Mumbra police station in Thane district 13 years ago. They were charged under relevant sections of the Indian Penal Code (IPC).

In the ruling, Judge Mohite noted," The act of police to detain the son of accused Bepari for inquiry without justified reason cannot be overlooked while deciding the case. In these circumstances, it cannot be said that prosecution witnesses were discharging any public duty. They were not acting in the discharge of their public duty." The court also pointed to contradictions in testimonies of prosecution witnesses.

It observed, "A prosecution witness claimed accused Bepari bit on her left hand palm. Whereas, the FIR shows the accused bit on her right hand finger. Another prosecution witness claimed the accused bit to the right forearm of the prosecution witness and there was bleeding injury. Whereas, the prosecution witness claimed there was bite to the right hand finger. In these circumstances, it is unsafe to rely upon such contradictory evidence to prove the injury." Further, the court highlighted lapses in investigation.

"Evidence of prosecution witnesses further reveals official dress of WPC (woman police constable) Adhav was torn in the incident. However, the investigating officer (IO) has not seized torn dress of prosecution witness or any other witness to corroborate their evidence. This is one of the lacunae in the case of prosecution." The court found gaps in medical evidence as well.

"The evidence of prosecution witnesses is silent about injuries caused to them (female cops) as described in medical certificates. Prosecution has not recorded evidence of WPC Shinde (another cop allegedly assaulted by accused). Therefore, it is unsafe to rely upon the medical evidence placed on record." Judge Mohite concluded: "I hold that prosecution has failed to prove beyond doubt that the accused have committed the offences. They are entitled to get acquittal from the case." PTI COR RSY