Thane, July 3 (PTI): A sessions court in Thane, Maharashtra, has acquitted a couple from Rajasthan in a 2017 double murder case due to insufficient and inconclusive evidence. Their minor daughter, also accused, has her case pending in the juvenile court. In an order dated June 23, released on Thursday, Sessions Judge A.N. Sirsikar raised multiple questions regarding the prosecution's case before acquitting Ali Akbar Abujar Kachwala and Amina Ismail Shaikh.
According to the prosecution, Naziya and her 11-year-old daughter were discovered dead with their throats slit in their Mumbra home near Thane in November 2017. Items worth Rs 1.11 lakh, including cash, jewellery, and a mobile phone, were stolen. The prosecution alleged that the couple's daughter had previously worked as a maid at the victims' house and relied on circumstantial evidence, such as the alleged presence of the accused and the juvenile near the crime scene, along with the recovery of the "stolen" items and a weapon.
Advocate Saghar Kolhe, representing the accused, challenged both the prosecution's narrative and the investigation. Judge Sirsikar observed that the CCTV footage used by the prosecution could not conclusively establish the identity of the accused, as it depicted a woman in a burkha and showed the man's face as blurry. The footage also lacked proper compliance with the Evidence Act.
The prosecution's claim that the juvenile had spiked the victims' food to facilitate the crime was dismissed by the judge, who noted that the chemical analysis of the viscera samples did not indicate the presence of any foreign substances. Regarding the recovery of a blood-stained knife from Ali Akbar Kachwala, Judge Sirsikar remarked, "In my view, only on the basis of this evidence, guilt of the accused cannot be conclusively proved."
The court also concluded that the prosecution did not adequately identify the allegedly stolen jewellery. A prosecution witness admitted in cross-examination that similar rings and chains are commonly produced and available in the market, undermining the theft allegations.
The court pointed out that co-accused Amina, who suffers from polio and requires a walker for mobility, is "very difficult" to plausibly involve in the double murder. Judge Sirsikar stated, "There is absolutely no evidence against accused Amina."
Ultimately, the court ruled that the prosecution had "failed to conclusively prove any of the circumstances against the accused" and thereby acquitted the couple.
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