10 hours ago
Mumbai court clears taxi driver after 17 years; assault charges fall flat
MUMBAI: A Metropolitan Magistrate court at Esplanade on Monday acquitted a 39-year-old taxi driver, Rajender Yadav, of charges under Section 325 of the Indian Penal Code for allegedly assaulting a commuter in 2007, citing insufficient evidence.
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The case stemmed from a complaint filed by Manoj Damania, who alleged that while he was waiting to engage a taxi, taxi driver Yadav assaulted him near the Churchgate railway station taxi stand on April 23, 2007, after refusing to take him to Bora Bazar.
The complainant claimed Yadav struck him in the face with a key ring, causing serious dental injuries. Damania lodged a police complaint with the Marine Drive police station under IPC sections of 325, which deals with voluntarily causing grievous hurt.
While a charge sheet was filed and the complainant deposed in court, the 64th Esplanade Magistrate Court, presided over by Magistrate Hemant Umakant Joshi, observed that the prosecution failed to corroborate the incident with independent witnesses or documentary evidence.
Though the complainant stated that 8 to 10 people witnessed the altercation, none were examined. Additionally, the police failed to seize or properly identify the alleged weapon — the key ring.
The court noted discrepancies in the complainant's testimony and pointed out that neither the investigating officer nor the medical officer appeared for examination.
There was also no conclusive evidence to prove the key ring belonged to the accused. 'The prosecution could not present strong evidence. It is not possible to convict the accused on the basis of mere allegations,' the court stated, acquitting Yadav under Section 248(1) of the Criminal Procedure Code.
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Advocate Sunil Pandey for Yadav alleged that he was falsely implicated in the case, claiming he was a victim of circumstances and was trying to resolve the fight with another taxi driver when the police implicated him. The taxi driver got justice after a 17-year-long battle.
