A court here Wednesday acquitted gangsters Sharad Mohol and Alok Bhalerao in the murder case of suspected Indian Mujahideen (IM) operative Mohammad Qateel Siddiqui, giving them benefit of doubt.
Siddiqui, a suspect in terror cases in Delhi, Bengaluru and Pune, was found strangled to death inside a cell of Yerawada Central Jail and Mohol and Bhalerao were arrested for allegedly killing him using a string of a pyjama.
Giving the benefit of doubt to Mohol and Bhalerao, Additional Sessions Judge S H Gwalani acquitted both of them, public prosecutor Vilas Ghogare Patil said.
In the order, the judge observed that when the prosecution's case is based on the circumstantial evidence, the prosecution has to prove the motive behind the accused's action.
"In the present case, circumstances disclose that the prosecution has not proved the motive of the crime," the judge said.
During the trial, five witnesses, of whom some were undertrials, turned hostile and did not support the prosecution's theory.
The judge also pointed out that according to the cross-examination of a doctor from the jail, if a person is trying to kill someone, there is a possibility of a scuffle between them and if it happens, there is a possibility of injury on the body of the assailant.
"After the incident, the accused were sent to Sassoon General Hospital for a medical examination. The hospital gave its opinion, in which a doctor has clearly stated that he has not found any external injury marks on the hands and other body parts of the accused," the judge observed.
The court also said that another report indicated that the deceased had consumed liquor prior to his death.
"Then the question arises how did alcohol or liquor come into the high-security area of the jail and this also clearly creates doubt to the story of the prosecution," the judge observed in the order.
He said that it also indicates negligence on the part of the jail authorities in providing safety and security to the prisoners.
The judge also said that extra-judicial confession made by the accused was found to entirely "unreliable and not worthy of credence".
"Considering the chain of circumstantial evidence relied upon by the prosecution to prove the charge is visibly incomplete and incoherent to permit the conviction of the accused," the judge said.
Defence lawyer Prakash Suryawanshi said, "The extra- judicial confession of Mohol, which was taken in front of the jailer, was disbelieved by the court. By stating that the circumstantial evidence was not reliable, the court acquitted Mohol and Bhalerao."
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