MUMBAI: A 70-year-old Pydhonie lady booked underneath the infrequently used phase of the Bombay Police Act for littering used to be acquitted after a 11-month trial. The phase best draws a maximum nice of Rs 1,200 if a person is convicted and does now not invite a jail sentence.
The lady pleaded now not to blame and used to be granted acquittal as the only witness; the officer probing the case died all over pendency of the trial.
The Mazagon Justice of the Peace court docket held that within the absence of evidence, fees could now not be proved against the accused. The trial used to be concluded in exactly 11 months and 23 days.
The case used to be registered through Pydhonie police station against the senior citizen, Mustari Qureshi. The prosecution alleged that the incident happened on June 14, 2017, at 6.10pm, when the woman threw rubbish on Nagdevi Street and created nuisance at the public position. Hence, she used to be booked. The chargesheet used to be then submitted underneath related sections of the Bombay Police Act (see box). Following this, fees have been framed against her and he or she pleaded now not to blame. The matter then went to trial.
In a three-page judgement replica, the court docket famous that the only prosecution witness used to be a police sub-inspector. Attempts have been made for his deposition however the court docket used to be eventually knowledgeable that he had died. No different witnesses deposed all over the trial.
The court docket stated within the absence of the deposition, the woman’s remark could now not be recorded underneath Section 313 of the Criminal Procedure Code. The phase is a prison provision which permits an accused to personally give an explanation to instances within the evidence against him. The remark normally recorded as a chain of replies to questions requested through a judge is not on oath and is not treated as evidence underneath law. But it is taken into consideration through the court docket to understand the truthfulness or differently of the prosecution’s case.
The lady pleaded now not to blame and used to be granted acquittal as the only witness; the officer probing the case died all over pendency of the trial.
The Mazagon Justice of the Peace court docket held that within the absence of evidence, fees could now not be proved against the accused. The trial used to be concluded in exactly 11 months and 23 days.
The case used to be registered through Pydhonie police station against the senior citizen, Mustari Qureshi. The prosecution alleged that the incident happened on June 14, 2017, at 6.10pm, when the woman threw rubbish on Nagdevi Street and created nuisance at the public position. Hence, she used to be booked. The chargesheet used to be then submitted underneath related sections of the Bombay Police Act (see box). Following this, fees have been framed against her and he or she pleaded now not to blame. The matter then went to trial.
In a three-page judgement replica, the court docket famous that the only prosecution witness used to be a police sub-inspector. Attempts have been made for his deposition however the court docket used to be eventually knowledgeable that he had died. No different witnesses deposed all over the trial.
The court docket stated within the absence of the deposition, the woman’s remark could now not be recorded underneath Section 313 of the Criminal Procedure Code. The phase is a prison provision which permits an accused to personally give an explanation to instances within the evidence against him. The remark normally recorded as a chain of replies to questions requested through a judge is not on oath and is not treated as evidence underneath law. But it is taken into consideration through the court docket to understand the truthfulness or differently of the prosecution’s case.
Man acquitted in littering case after 11 months
![Man acquitted in littering case after 11 months]()
Reviewed by Kailash
on
June 14, 2018
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