Mumbai: 11 years on, 18 accused of ragging acquitted as 2 ‘victims’ turn hostile

MUMBAI: Eleven years after 18 physiotherapy students from a medical college attached to KEM Hospital were booked in a criminal case for allegedly ragging 10 juniors by forcing them to perform obscene acts, a magistrate’s court this week acquitted them after two of the three victims who deposed turned hostile in court and did not support the case.
“Even though there were 10 victims shown, the victims who have been examined did not support the prosecution case particularly indulgence of the accused or any role attributing to them. Hence, there is no cogent and clinching evidence to substantiate the guilt and indulgence of the accused in the crime,” the court said.
“Taking stock of evidence in totality, I am of the opinion that there is no cogent and clear evidence to fasten the criminal liability of ragging, intentional insult by abusing and wrongful restraint on the part of accused to hold them guilty. Prosecution failed to establish the crucial ingredients as well identity of the accused,” the court said. The accused were then aged 19-20 and belonged to different parts of the state.
The father of one of the alleged victims, an ATS officer, had complained to the deputy dean in January 2010. While giving their statements to the college authorities, the students had then alleged that some of them were asked to enact having constipation, while some were told to perform an advertisement for women’s undergarments. On January 3, 2010, an anti-ragging committee meeting was conducted, where a conclusion was drawn that the misconduct of the seniors falls in the ambit of ragging. An FIR was lodged at Bhoiwada police station against 18 seniors for committing, participating, abetting or propagating ragging against 10 students. They were booked under the Bombay Prohibition of Ragging Act and sections of the Indian Penal Code.
Thirteen witnesses deposed during the trial. Among them were also the three students who later turned hostile, the then deputy dean and the investigating officer.
One of the alleged victims, however, told the court that the accused were his seniors. Contradicting the prosecution’s case he said on January 2, 2010, between 5pm and 6pm, his seniors called him to the Naigaon Hostel and his casual interview and introduction was taken. He flatly refused that they had forced him to perform obscene acts. Another alleged victim too gave a similar statement.
The ATS officer’s son, though, rec-alled seeing some students being ragged through obscene acts and submitted that he was scared. He said he ran out of the hostel room and called his father. However, referring to his statement, the court said that it appeared random and vague as no names of the victims or perpetrators were given despite his specific knowledge. “The evidence of this witness is very vague and nothing therein to attribute indulgence of any accused or any specific act amounting to ragging,” it said.