Justice after 17 years: Mumbai taxi driver acquitted in assault case due to lack of evidence


Daijiworld Media Network – Mumbai

Mumbai, Jun 24: In a significant verdict highlighting the cost of delayed justice, a Mumbai court on Monday acquitted a 39-year-old taxi driver, Rajender Yadav, of assault charges after a grueling 17-year legal battle. The Metropolitan Magistrate Court at Esplanade ruled that there was insufficient evidence to hold Yadav guilty under Section 325 of the IPC, which pertains to voluntarily causing grievous hurt.

The case dated back to April 23, 2007, when a commuter, Manoj Damania, alleged that Yadav had assaulted him with a key ring near Churchgate railway station after refusing to take him to Bora Bazar. Damania claimed the blow caused severe dental injuries and subsequently filed a complaint with the Marine Drive police station.

Despite a charge sheet and deposition from the complainant, Magistrate Hemant Umakant Joshi of the 64th Esplanade Court found serious shortcomings in the prosecution’s case. The court observed that although Damania claimed 8 to 10 people had witnessed the altercation, not a single independent witness was examined. Furthermore, the police failed to recover or even conclusively identify the alleged weapon — the key ring.

The absence of both the investigating officer and the medical officer in court added to the gaps in the case. Highlighting inconsistencies in the complainant’s testimony and the lack of credible, corroborated evidence, the court stated, “It is not possible to convict the accused on the basis of mere allegations.”

Advocate Sunil Pandey, representing Yadav, argued that his client was falsely implicated and had actually been trying to intervene in a scuffle involving another taxi driver. With the judgment delivered under Section 248(1) of the Criminal Procedure Code, Yadav finally walked free, closing a case that had shadowed his life for nearly two decades.

The verdict underscores not only the importance of a fair trial but also the profound impact of prolonged legal entanglements on the lives of ordinary citizens.

  

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Title: Justice after 17 years: Mumbai taxi driver acquitted in assault case due to lack of evidence



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