Mumbai: Man who 'clashed' with cops gets benefit of doubt, let off

MUMBAI: Labelling a

clash between cops and a car owner

as an outcome of egos, a magistrate court on Friday acquitted the 56-year-old son of a deceased assistant commissioner of police arrested on charges of using criminal force and obstructing a police officer from performing his duty when his vehicle was halted and papers asked for at a police blockade at

Andheri

in 2014.

"Ultimately, looking at the facts and circumstances of the case the incident appears to be an outcome of egos and the accused (Jogeshwari-based Faredoon M Irani) deserves benefit of doubt," the court observed.

Acquitting Irani, the court noted that while the incident arose over not showing vehicle papers, Juhu police had not invoked charges under Motor Vehicles Act. "It shows that accused was having relevant papers at the time," the court said.

The court noted that the Motor Vehicles Act states that no person shall be liable to conviction if he furnishes relevant papers to the police within seven days. "Noticeably, police has not charged accused in respect of offence under Motor Vehicles Act which shows that accused was at right corner," the court said.

The court added "that Irani's arrest from the spot itself furnishes an assurance that he has not obstructed the police in their public duties". In court, Irani had denied the allegations. He told the court he was bringing back the vehicle from servicing and requested cops for some time to show documents. However, he was falsely implicated.

The prosecution submitted that with the impending general polls, on April 18, 2014, between 11.30 am to 1.30 pm, they had set up barricades to check illegal transportation of money. The cops were patrolling near New Parsi Colony, SV Road, Andheri (W). It was submitted that a car was stopped and when cops were talking to the driver, the person sitting at the back, later identified as Irani refused to hand over car papers. The prosecution alleged that Irani even said that the car was stolen. It claimed that when asked to speak politely, Irani abused the cops and told them his father was an ACP. The prosecution said that again when cops instructed him to be polite, Irani got out of the car and caught hold of a cops by his collar. It said the shirt button broke and fell off. The prosecution said that cops then brought Irani to the police station and registered an FIR.

In court, four cops deposed and corroborated their earlier version. However, the court noted that no independent witness was examined by the prosecution.

The court said that neither the shirt nor the ripped out button were produced. "Prosecution witnesses admitted about non-seizure of this material evidence during course of investigation," the court said.


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