Mumbai: The Thane Sessions Court has acquitted a 30-year-old Kalyan resident who was arrested for allegedly speeding in his car and further allegedly carrying a policeman on the bonnet of his car, when asked to stop.
While delivering its judgment, the court observed that the injuries described by the policeman did not match the severity expected if the incident had occurred as alleged.
Navin Raybhagi was arrested on charges of attempted murder. According to the prosecution, in September 2017, when police attempted to stop his allegedly speeding car, Navin, instead of stopping, tried to flee, carrying a policeman on the bonnet of his vehicle.
“On the day of the incident, the police had received a call from the control room about a gray WagonR being driven at high speed on the highway in Thane. The police officer followed the car, overtook it, and stopped it at Teen Haath Naka, opposite Gurudwara, in Thane. He approached the car to question the accused, who was accompanied by a woman. At that moment, the driver, Navin, suddenly started the car and accelerated,” the prosecution’s case alleged.
Navin allegedly carried the policeman on the car’s bonnet while driving negligently for 2 to 3 kilometers. The police stated that the officer sustained injuries on his right-hand little finger, elbow. A case was subsequently registered against Navin.
However, during cross-examination, the defense was able to challenge the prosecution’s claims effectively. After reviewing the evidence, the court stated, “The witness’s testimony does not provide the necessary particulars about the sequence of events. Additionally, there is no evidence to suggest that the accused is a hardened criminal or that he had any reason to endanger the policeman’s life to avoid apprehension.”
The court further noted inconsistencies in the medical evidence, stating, “If a car hits a person, the impact would typically occur below the waist area. It would be obvious that if the car had struck the informant, injuries would be present in the lower body region. However, the reported injuries were limited to the little finger, elbow, and hand. The injuries—an incised wound and two abrasions—are simple in nature.”
The court concluded, “Considering all these factors, it cannot be said that the prosecution has established the guilt of the accused beyond reasonable doubt. There are serious doubts about the genesis of the incident.” The court also noted that the prosecution had surprisingly not examined the woman who had accompanied the accused.
