Maharashtra: Complainant turns hostile, MLA acquitted in 2022 assault case

Thane: A magistrate court acquitted NCP (SP) MLA Jitendra Awhad and 11 of his accomplices in the Viviana Mall assault case after the complainant and all prosecution witnesses turned hostile. The judgment, delivered by Joint Civil Judge and Judicial Magistrate First Class R B Khandare, concluded that the prosecution had failed to establish the charges beyond a reasonable doubt.The case stemmed from an incident on Nov 7, 2022, when Awhad allegedly led a group of nearly 100 people into Screen 5 of Cinepolis theatre to stop the screening of the film ‘Har-Har Mahadev' due to alleged historical inaccuracies. While the initial complaint filed by Parikshit Dhurve alleged that he and his wife were physically assaulted by the mob during the disruption, the trial saw a complete reversal of these claims.During the proceedings, the complainant testified that he did not remember the incident and could not identify who assaulted him. He further stated that he was unaware of the contents of the police complaint he signed. His wife, who was cited as the second witness, similarly claimed she had no knowledge of the event and did not recognise the accused. Eight other witnesses, including theatre employees and independent "panch" witnesses, also failed to support the govt's case.The court noted that the independent witnesses claimed their signatures were taken on prewritten documents that they were never allowed to read. Because the primary victims denied being beaten and the eyewitnesses claimed to have no knowledge of the event, the court found that a significant doubt was created regarding the occurrence of the crime.Consequently, the court acquitted all 12 accused, including Awhad and others of charges under the Indian Penal Code sections related to assault and unlawful assembly, as well as the Maharashtra Police Act.
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