In last trial, Gawli acquitted in '05 builder extortion case
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There are now no pending trials left against Gawli (73), who is serving a life sentence for the murder of Sena corporator Kamlakar Jamsandekar in 2007.The judge found serious flaws in the investigation and repeatedly noted that these flaws cast doubt on the genuineness of the case.
The investigating officers' conduct revealed that they were "highly interested" and gave preferential treatment to an accused who later became a prosecution witness, said the court. It pointed out that call data records and CCTV footage were not collected nor were material witnesses' statements recorded, and, therefore, the alleged confessions of an accused could not be relied on.A builder had in 2005 alleged that the gang headed by Gawli demanded Rs 50 lakh to continue a Dadar redevelopment project, but the judge said the prosecution failed to establish that Rs 8 lakh was extorted from him and that the accused attempted to extort money from him again when he started another SRA project two years later.The judge said the builder failed to identify Gawli's brother Vijay alias Bhau Gulab Ahir (63), another accused, during his testimony, adding that had the builder indeed met him and negotiated the extortion amount with him directly, it is highly improbable he would have forgotten him. Noting that the builder had been in contact with crime branch officers prior to the FIR being lodged in 2008 and knew that his phone calls were under scrutiny, the judge said it was "highly impossible" that he would have kept mum after receiving an extortion threat. "This conduct is not natural. It speaks volumes."The court held that the statements of witnesses and circumstantial evidence were not sufficient to establish that the accused entered into an agreement to commit an offence of extortion and criminal intimidation.Gawli was produced via video conferencing from Kolhapur jail. During the trial, 29 witnesses deposed.
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