STATE OF MAHARASHTRA Vs. AVINASH NAIK

JUDGEMENT

(1.) The Complainant/state has sought heave to appeal against the acquittal of the accused under sections 323, 324 r/w 34 I. P. C. vide Judgment/order dated 31-12-2004 of the learned J. M. F. C. , mapusa.

(2.) It is the case of the prosecution that shri Ibrahim Khatib, the S. D. P. O. of Mapusa had called the Complainant Subhada sawant on 26-2-1999 at about 16.30 hours in connection with a complaint made by her against her husband and other in-laws and the said inquiry was entrusted to A-1/ avinash Naik and A-2/ Smt. Ratan fatarpekar in an adjoining room when A-1/ avinash Naik and A-2/ Smt. Ratan fatarpekar on the pretext of conducting an inquiry subjected the said Complainant-Subhada sawant in furtherance of common intention to humiliation, ill-treatment and torture and assaulted her and inflicted 10 burn injuries with lighted cigarettes on her hand and back, between 16.30 to 20. 00 hours and threatened to arrest on flimsy grounds. The said complainant-Subhada sawant was dealt in that manner because she had published a matter relating to her complaint in the daily "tarun Bharat" dated 13-2-1999. It was also the case of the prosecution that A-3/ Gajanan Sawant, the brother-in-law of the Complainant also assaulted her with slaps in the presence of the other accused persons.

(3.) The prosecution had examined as many as 20 witnesses in support of the charge. The learned J. M. F. C. referred to the evidence of PW5/subhada Sawant as well as that of her sister PW4/darshana bandekar and acquitted all the accused, interalia, observing that their evidence could not be accepted to justify a conviction. The learned J. M. F. C. also found that there were unsatisfactory features in the case of the prosecution which created a doubt regarding the evidence of the said PW4/darshana bandekar as well as PW5/ Subhada Sawant and further found that the case of the prosecution was inherently incredible and was not in accordance with the normal conduct of the said witnesses and, therefore, proceeded to acquit the accused.