Thane, Oct 27 (PTI) A court in Maharashtra’s Thane district has acquitted five persons accused on charges of cruelty to a woman and miscarriage attempt, observing the chargesheet lacked evidence against them.
Additional Sessions Judge Vasudha L Bhosale, in the order on October 22, said filing a chargesheet without evidence increased the pendency of cases and wasted the court’s time, which it is bound to give for sensitive and substantial matters.
“Filing a chargesheet without evidence has overburdened the courts. This practice needs to be stopped. Hence, as per the direction of the apex court, an inquiry needs to be initiated,” it said.
“A copy of the judgment be sent to the commissioner of police for further inquiry,” the court said in the order, which was made available on Saturday.
The court acquitted Shaharum Fakre Alam Shaikh (42), Fakre Alam Jaitul Aabdin Shaikh (64), Nafisa Fakre Alain Shaikh (59), Marim Fakre (37) and Aliya Fakre Alam Shaikh (37).
The prosecutor informed the court that the victim, Najara, got acquainted with the accused, Shaharum, in 2012, and they entered into a relationship, due to which she became pregnant.
The accused suggested that she undergo an abortion, and she was taken to two hospitals, where the medical staff informed them that the pregnancy could not be terminated as it was in an advanced stage.
The victim’s brother called the couple home on September 19, 2013, and asked them to get married, and they tied the knot the same day, the prosecution said.
The woman alleged that her in-laws harassed and tortured her mentally and physically.
The victim gave birth to a girl in January 2014, but the harassment continued, the prosecution said.
The court held that the prosecution had failed to prove that the husband or relatives subjected the woman to cruelty.
It noted that the in-laws had not made any unlawful demand, and there was no evidence of torture for any unlawful demand seen during the evidence given by the woman.
The judge also pointed out that the investigation officer’s probe was faulty.
He questioned why the chargesheet was filed when no offence was made out under sections 498A (marital cruelty), 313 (causing miscarriage without woman’s consent) of the IPC, and there was no medical report.
The court further said that though the chargesheet was filed, it is unclear if the central committee appointed by the state government, according to which the district government pleader (DGP) or his representative must verify the chargesheet before filing, was adhered to. PTI COR GK ARU
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