In a significant ruling, a court in Maharashtra’s Thane district acquitted two men previously accused of raping a woman in 2021. The acquittal, issued by Additional Sessions Judge AS Bhagwat on January 20 and made public on Monday, came after the prosecution failed to trace the victim and key witnesses, leaving the charges unproven.
The accused, Vijay Shetty (29) and Mohammad Sarvar Abdulla Shah (39), faced allegations that they had forcibly made the victim consume excessive amounts of liquor in a room in the Sabegaon area of Diva, following which they allegedly assaulted and raped her. The prosecution also accused the men of physically assaulting the woman.
Despite the severity of the charges, including gang rape, the case faltered as the prosecution struggled to consolidate its claims against Shetty and Shah. The court highlighted that the deposition of the only prosecution witness, a panch witness, did not substantiate the allegations. Furthermore, the absence of the victim and other crucial witnesses, who were untraceable throughout the trial, severely undermined the prosecution’s ability to present a compelling case.
Judge Bhagwat noted, “In light of the missing witnesses and the prosecution’s failure to produce them in court despite notices, the charges against the accused cannot be considered proven.” Consequently, he ruled that the accused should be given the benefit of the doubt, leading to their acquittal.
