A sessions court in Maharashtra’s Thane city has acquitted a couple from Rajasthan in a 2017 double murder case, ruling that the prosecution failed to establish their guilt beyond reasonable doubt. The court found the evidence to be insufficient, inconclusive, and riddled with procedural lapses.
The accused—Ali Akbar Abujar Kachwala and Amina Ismail Shaikh—were cleared of charges related to the murders of Naziya and her 11-year-old daughter, who were found with their throats slit in their Mumbra home in November 2017. A minor girl, the couple’s daughter, was also named as a co-accused and is facing proceedings before the juvenile court.
Delivering his verdict on June 23, Sessions Judge A.N. Sirsikar raised serious doubts about the prosecution’s narrative. The case primarily relied on circumstantial evidence, including the alleged recovery of a blood-stained knife, CCTV footage, and “stolen” items, but the court found none of it to be conclusive.
The judge observed that the CCTV footage failed to establish the identity of the accused, noting that the woman seen in the footage was wearing a burkha while the man’s face appeared blurry. The footage was also found to be non-compliant with provisions of the Indian Evidence Act.
Rejecting the prosecution’s claim that the juvenile had drugged the victims before the murder, the court pointed to the chemical analysis report of the viscera samples, which showed no trace of any toxic substance.
Regarding the alleged recovery of a blood-stained knife from Ali Akbar, the court said it was insufficient to prove guilt. The stolen jewellery could not be conclusively identified either, with the court noting that similar items are commonly available in the market. One of the prosecution witnesses even admitted this during cross-examination.
The judge also took note of Amina’s medical condition—she suffers from polio and needs a walker for mobility—stating that it was highly improbable for her to have participated in the brutal crime. “There is absolutely no evidence against accused Amina,” the court remarked.
Advocate Saghar Kolhe, appearing for the defence, had contested the entire prosecution case, calling the investigation flawed and lacking in credible evidence.
In conclusion, the court held that the prosecution failed to conclusively prove any of the charges and acquitted both Ali Akbar and Amina of all allegations.
