MUMBAI: A 70-year-old
Pydhonie woman booked under the rarely used section of the
Bombay Police Act for
littering was
acquitted after a 11-month trial. The section only attracts a maximum fine of Rs 1,200 if a person is convicted and does not invite a prison sentence.
The woman pleaded not guilty and was granted acquittal as the sole witness; the officer probing the case died during pendency of the trial.
The Mazagon magistrate court held that in the absence of evidence, charges could not be proved against the accused. The trial was concluded in precisely 11 months and 23 days.
The case was registered by Pydhonie police station against the
senior citizen, Mustari Qureshi. The prosecution alleged that the incident took place on June 14, 2017, at 6.10pm, when the woman threw garbage on Nagdevi Street and created nuisance at the public place. Hence, she was booked. The chargesheet was then submitted under relevant sections of the Bombay Police Act (see box). Following this, charges were framed against her and she pleaded not guilty. The matter then went to trial.
In a three-page judgement copy, the court noted that the sole prosecution witness was a police sub-inspector. Attempts were made for his deposition but the court was eventually informed that he had died. No other witnesses deposed during the trial.
The court said in the absence of the deposition, the woman’s statement could not be recorded under Section 313 of the Criminal Procedure Code. The section is a legal provision which allows an accused to personally give an explanation to circumstances in the evidence against him. The statement usually recorded as a series of replies to questions asked by a judge is not on oath and is not treated as evidence under law. But it is taken into consideration by the court to appreciate the truthfulness or otherwise of the prosecution’s case.
