A Thane court has acquitted a 35-year-old man accused of killing a married woman with whom he was in an illicit relationship in 2016, for want of sufficient evidence, reported news agency PTI. Additional Sessions Judge A N Sirsikar, in the order passed on November 22, said while the call data records showed frequent communication between the accused and the deceased, they could not serve as definitive proof of murder, reported PTI. "It is settled law that mere suspicion is not sufficient to prove the guilt of the accused," the Thane court said in its order, a copy of which was made available on Wednesday, reported PTI. According to the prosecution, the woman, who was married and had a son, was found dead at her residence in Thane's Diva area on March 26, 2016. She was in a relationship with the accused, Imteyaz Nanhe Khan, belonging to Kurla in neighbouring Mumbai, reported PTI. The prosecution claimed Khan had been pressuring the woman to divorce her husband, which led to a quarrel between the two. Khan was accused of murdering her in a fit of rage by throttling her. The judge noted several discrepancies and lapses in the investigation. He observed the woman's husband did not name any suspect. It was only after a considerable delay in the investigation -- three years after the incident -- that the police began to focus on Khan, based on the call data records (CDRs) of mobile phones of the deceased and the accused, which suggested frequent contact between the two. However, the judge pointed out several issues with the reliance on CDRs. The Thane court found the prosecution had failed to produce sufficient evidence to prove that the deceased had used a particular mobile number, and officers of the mobile company were not examined to validate the authenticity of the CDRs, reported PTI. Judge Sirsikar further noted that while the CDRs indicated frequent contact, they alone were not enough to conclusively link the accused to the murder. The judge also remarked that the investigation officer had not provided a clear explanation for how he arrived at the conclusion that the accused was responsible for the murder. The police had recorded statements of the woman's neighbours who claimed to have seen Khan frequently visiting her home, but the judge found these statements insufficient to establish direct involvement in the crime, reported PTI. "It is settled law that mere suspicion is not sufficient to prove the guilt of the accused," the judge said, reported PTI. The prosecution had failed to prove beyond a reasonable doubt that Khan committed the murder, the court added. (With inputs from PTI)
27 November,2024 01:11 PM IST | Thane | mid-day online correspondentAn official on Wednesday said that the police have arrested a 30-year-old woman for allegedly operating a flesh trade racket and rescued two other women who were forced into prostitution in Maharashtra's Thane district, reported news agency PTI. Acting on a tip, members of the police's anti-human trafficking cell (AHTC) used a decoy to apprehend the accused woman, who used social media to operate the racket, near a hotel close to Ambernath railway station, the official said while sharing an update on the Thane crime, reported PTI. Two other women, aged 25 and 26, who were forced into the flesh trade were sent to a rescue home, the AHTC official said while sharing an update on the Thane crime, reported PTI. An FIR was registered against the arrested woman under provisions of the Immoral Traffic (Prevention) Act and the Bharatiya Nyaya Sanhita, the official added. Woman stabs security personnel after he nabs her for theft at Thane station A 26-year-old personnel from the Maharashtra Security Force (MSF) was stabbed by a woman after he nabbed her for stealing from a passenger at Thane railway station, an official said on Sunday, reported PTI. MSF guard Aniket Kadam was on patrolling duty on platforms 9-10 when the incident took place on Thursday, he said, reported PTI. After being alerted by a commotion, Kadam chased a woman, identified as Jainab Memon, and detained her for allegedly stealing from a passenger, reported PTI. Just then, her husband tried to intervene but the security personnel caught him as well saying he too was involved in the crime, the official said. When Kadam was taking the couple to the police station, the woman pulled out a knife and stabbed him in the waist. The injured MSF guard, however, did not let the woman flee, though her husband, Zahir Memon, escaped, reported PTI. Kadam was taken to a hospital and he recorded his statement after recovery, the official said. Zahir was arrested the next day, said an official from Thane Government Railway Police. Police have pressed attempted murder charges against the accused, the official added. (With inputs from PTI)
27 November,2024 12:53 PM IST | Mumbai | mid-day online correspondentThree years after investigating a high-profile rape and molestation case filed against top Bollywood personalities including photographers and actors, the Bandra police filed a closure report citing various reasons including the ‘inconsistency’ in the allegations made by the complainant who is a model-turned-independent artist and songwriter. A total of 12 people, including film photographer Colston Julian, Anirban Blah, founder of talent management company Kwan Entertainment, actors Jackky Bhagnani, Krishan Kumar Nikhil Kamat, Sheel Gupta, Ajit Thakur, Gurjot Singh and Vishnu Induri, were booked on May 26, 2021 by the Bandra police. In May, the Bandra police filed an ‘A summary report’ and closed the case. An officer, who studied the case thoroughly, told mid-day that "Most of the time she remained unavailable despite sending her summons to join us in the investigation. We had also requested her to submit her mobile phone, but she did not give it to us for forensic analysis,” the officer said. “We had to investigate with the vague details she had mentioned. For example, the year was mentioned, but not the exact date and time; the area of the alleged offence was mentioned, but not the precise location where we can go to enquire and collect evidence. Our officers faced a lot of difficulties because of non-cooperation on the part of the complainant,” said a senior officer of the Mumbai police. One of the men named in the FIR told mid-day that his life and career were ruined for no fault of his own. “I don’t want to be named but this case has ruined me to the core and tore me into bits and parts from within.” He added, “People stopped giving me work as someone had called and informed about the case to the brands I was associated with. The situation was so bad that my school friends had stopped talking to me.” In May 2021, the model-turned-independent actor first approached the office of deputy commissioner of police, Zone 10 with her complaint against the list of high-profile men. Since the allegations were serious in nature, the zonal DCP asked an officer attached to the Andheri police station to record her statement. She had alleged sexual abuse at the hands of a dozen influential people including a celebrity photographer, author and others over the years from 2015 to 2021. Since the complainant had claimed that most of the alleged incidents took place in Bandra, the entire matter was transferred to Bandra police station where the cops registered an FIR on May 26.
27 November,2024 10:41 AM IST | Mumbai | Diwakar SharmaThe Andheri Metropolitan Court has released film director, producer and financer Gunwant Tarachand Jain, also known as Nikesh Madhani, after ruling his arrest by the Versova police was illegal. Madhani was accused of drugging and raping a 38-year-old model and actress during a photoshoot. The court’s order was issued before the victim could undergo a medical examination. Procedural lapses prompted the court to declare the arrest unlawful. Representation pic/istock According to police sources, Madhani allegedly spiked the victim’s drink, sexually assaulted her, and used videos of the act for blackmail. He was arrested on November 21, 2024, under Sections 376(2)(n), 328, and 506 of the Indian Penal Code (IPC). However, discrepancies in the arrest process led to the court’s ruling against its legality. Court observations The court noted that Madhani was arrested at 10.56 pm on November 21, but the police informed him and his friend, Junaid Ishak Khan, of the grounds for arrest only at 11.00 pm—four minutes after the arrest. This sequence of events violated Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates that the grounds for arrest must be communicated beforehand. Additionally, the arrest panchnama revealed that Madhani’s family members were not informed about his detention, further violating procedural requirements. These lapses prompted the court to declare the arrest unlawful, citing a breach of the accused’s fundamental rights. Court proceedings Madhani was produced before the court on November 22, at 3.20 pm. Investigating Officer PSI Sandip Nikam sought police custody, arguing that the accused required medical examination and further evidence collection. However, the defence counsel challenged the legality of the arrest, leading the court to review case records, including the FIR and the arrest documentation. The FIR was lodged at the police station on November 21 at 11 am and registered at 5.49 pm. The court found that the arrest violated legal provisions, including failure to follow the mandatory process under BNSS. Police response Senior Police Inspector Gajanan Pawar of Versova police station acknowledged the procedural errors, “The procedure was not followed under BNSS, which led to this mistake. We will arrest the accused again while adhering to the standard legal procedure. The case remains under investigation.” Victim’s response “I’m genuinely surprised that the court released the accused. Even the lawyers in the courtroom were discussing how they had never seen or heard of such a verdict in years. It’s clear to me that the police are protecting the accused. They intentionally omitted a crucial point raised by the accused’s lawyer during the hearing. Otherwise, this isn’t the first arrest made by these officers. They’ve arrested numerous individuals before, issued notices, and successfully presented cases in court. These are experienced professionals who know exactly what to do and what not to do.” Accused Speak “I share a familial bond with her and her husband. I promoted her as a lead in music albums. Her claim that I raped her in March is shocking, especially since we continued working together until August. These baseless accusations have ruined my reputation,” said Madhani. Lawyer Speak “As per Supreme Court case Prabir Purkayastha and Pankaj Bansal, it is mandatory to communicate the grounds for arrest in writing to the accused. Failure to do so constitutes a violation of the accused’s fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India. This requirement was established under the old Section 50 of the Cr.P.C. and is reiterated in the new Section 47 of the BNSS,” said Advocate Akhilesh Shukla. What the sections mean Section 47(1) and (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Section 47(1): Police officers or others arresting a person without a warrant must immediately inform the individual of the full particulars of the offence or other grounds for arrest. Section 47(2): If a person accused of a bailable offence is arrested without a warrant, the officer must inform the individual that they are entitled to bail and can arrange for sureties. Section 48 of the BNSS, 2023: >> Inform relatives or friends: Police must notify the arrested person’s relatives or friends about the arrest and their location. >> Inform the arrested person: Police must promptly inform the individual of their rights upon being brought to the station. >> Document notification: The officer must record who was informed of the arrest in a register kept at the station. >> Magistrate’s verification: A Magistrate must ensure that these requirements are met before the arrested individual is produced in court. What Sec 47 Says Every police officer arresting any person shall communicate to him the full particulars of the offence for which he is arrested or other grounds for making such an arrest
27 November,2024 09:29 AM IST | Mumbai | Samiullah KhanA court in Mumbai sentenced a man to imprisonment for life for murdering his son. The incident took place in August 2018 in the Dongri area of south Mumbai. The accused, identified as Salim Shaikh, was held guilty by the additional sessions judge, S D Tawshikar, on Monday. The judge stated that the prosecution has successfully proved that he was the only “author of the offence”. The victim in this case was identified as Imran. The case pertains to a complaint filed by Imran’s mother (Shaikh's first wife). As per a complaint, Shaikh had an argument with his son, which later turned to an assault after Imran refused to address his second wife as ‘mother’. According to the complaint, Shaikh had attacked Imran with a sharp weapon, injuring him grievously. He was declared dead at a hospital. The defence counsel, appearing for Shaikh, claimed the victim was under the influence of drugs and had committed suicide by injuring himself with a sharp weapon. The defence, citing the post-mortem report, said that some injuries on the victim's body were self-inflicted. The court, however, disregarded the arguments and noted that the victim's mother would not have rushed to the police station if he had attempted suicide. The court also noted that the accused fled the scene following the incident, instead staying with his injured son and taking him to a hospital. Terming it a rarest-of-rare case, the prosecution had sought a death sentence for the accused. The court, however, held that though the prosecution was right in "saying that causing the murder of one's own son in itself is a rarest of rare case", this instance does not fit in the "rarest-of-rare" category carved out by the Supreme Court. "Hence, considering overall circumstances, I find that it would be just and proper to award a sentence of imprisonment for life," the judge said. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
27 November,2024 07:56 AM IST | Mumbai | AgenciesThe Bhandup police have issued a notice to a woman for allegedly spraying harmful chemicals into a dog’s eye. The incident came to light when Rita Monteiro, 45, a dog lover and certified animal feeder, approached the police station to file an FIR against the accused, Abhilasha Shinde. “Shinde and I both live in the Gagangiri building. She has been torturing the three community dogs in our society for about two years. Initially, she sprayed phenol on the ground, which made one of the dogs sick. The dog in pain Despite the society’s repeated requests and pleas for her to stop throwing phenol on the staircases, she found new ways to harm the dogs. Previously, a non cognisable offence (NC) was registered against her,” Monteiro told mid-day. According to the FIR, Monteiro noticed blood oozing from the eye of one of the community dogs. She took the injured dog to a veterinary clinic, where the doctor confirmed that harmful chemicals had been sprayed into its eye. “My daughter saw Shinde spraying something into the dog’s eye. When we checked the CCTV footage, we saw that on October 12, Shinde had sprayed a red chemical into the dog’s eyes. We informed the society’s secretary about the incident. She spoke to Shinde, asking her to stop torturing the dogs, but Shinde didn’t listen. She continues to beat the three female community dogs in the society,” Monteiro said. “We insisted they convert the NC into an FIR, and they finally did. I demand strict action against Shinde because the dogs have suffered enough,” Monteiro said. When asked about the case, Bhandup police station Senior PI Dattatray Khandagle said, “An FIR has been registered, and a notice has been served to the accused. Action will be taken as per the law.”
27 November,2024 07:40 AM IST | Mumbai | Apoorva AgasheThe Ambernath Police in Maharashtra arrested an accused who was allegedly involved in renting vehicles and then selling them without the consent of the owners, the police said on Tuesday. The incident came to light after a complaint was filed by one Faizal Khan against the suspect who was identified as Ali Shaikh, the police said. Shaikh was later arrested by the police and several vehicles have been recovered. According to the police, the accused allegedly first gained the trust of vehicle owners by presenting himself as reliable. After renting vehicles multiple times without issues, he fabricated personal emergencies, such as claiming his son was unwell, to secure vehicles on rent. Instead of returning them, Shaikh allegedly pawned the cars for large sums of money without informing the owners. The police investigation revealed that Shaikh had executed this scheme with seven to eight vehicles, some of which were even sold, the police said. Senior Police Inspector Balaji Pandhare of the Ambernath Police said that additional offenses linked to the accused might surface during the ongoing investigation. The police action has led to the recovery of several cars, said an official. Sources said that one of his friends, who was also allegedly involved in the matter is being traced. Further investigations in the matter are underway.
26 November,2024 08:48 PM IST | Mumbai | Apoorva AgasheTwo men have been arrested from Palghar district of Maharashtra by the police for allegedly raping a minor girl, the police said on Tuesday, reported the PTI. According to the PTI, the police refused to share details regarding the arrest and the circumstances surrounding the incident, citing provisions of the Protection of Children from Sexual Offences (POCSO) Act. The duo had allegedly threatened the girl to remain silent on the alleged rape after the incident, sources said, as per the PTI. The matter came to light after she shared her ordeal with her parents, who approached the police in Manor, an official said. Police invoked various sections of gangrape under the Bharatiya Nyay Sanhita (BNS) against the accused duo. Catering firm staffer rapes minor girl in Mumbai, gets thrashed by locals before arrest Meanwhile in an another incident, a man working in a catering firm allegedly raped a four-year-old girl in Mumbai's Antop Hill locality in eastern suburbs of Mumbai on Monday evening, a police official said, as per the PTI. Local residents thrashed the accused who has been identified as 32-year-old Anil Gupta, the official said. The accused was later handed over to police by the locals and the police on Monday placed him under arrest, he said. According to an Antop Hill police station official, the accused lured the victim and took her to an isolated place where debris had been dumped after demolishing a building, and raped her, the PTI reported on Monday. The incident came to light after the girl started crying, drawing attention of local residents. Seeing her crying, Gupta tried to escape from the spot, but local residents caught him, he said. The minor was immediately rushed to a nearby civic-run hospital, where she was undergoing treatment, said the official. The accused, who worked in a catering firm, was booked under relevant sections of the Bharatiya Nyaya Sanhita (BNS), including rape, and the Protection of Children from Sexual Offences (POCSO) Act, he added. Senior police officials were monitoring the investigations in the matter, an official said, adding that further probe in the case was underway. (with PTI inputs)
26 November,2024 04:34 PM IST | Palghar | mid-day online correspondentAn elderly woman whose jewellery worth approximately Rs 30 lakh was stolen from her house in Malad in July this year has been returned to her following the court’s permission, police said. Bangur Nagar police said that they returned the jewellery to the elderly woman at the station in the presence of ACP Hemant Sawant of Goregaon division, Senior Police Inspector Anil Thackeray of Bangur Nagar police station, and the case’s investigating officer, PSI Suraj Amte. In July this year, the Bangur Nagar police arrested a woman for allegedly stealing valuables after posing as a housemaid at residential societies and recovered stolen items from her possession. According to police sources, the woman was a history sheeter with prior cases across various police stations. The flat belonged to a 69-year-old woman living alone. The woman was not home at the time of the incident. “In July, when the elderly woman was not home, the accused woman broke into her flat in the Malad Evershine Nagar area and stole jewellery worth about Rs 30 lakh. However, she was caught by the security guard at the gate,” said a police officer. The guard checked and found the stolen jewellery in her possession and alerted a society member, who then called the police. The elderly woman had filed a request for the return of property in a court, and she recently received the order, after which the jewellery was handed over to her today at Bangur Nagar police station.
26 November,2024 08:12 AM IST | Mumbai | Samiullah KhanA day after the Versova police arrested film director Gunwant Tarachand Jain, aka Nikesh Madhani, for allegedly sexually assaulting a 30-year-old actress and model under the pretext of offering her a role in Son of Sardar Part 2, the film's makers were left shocked to see their project's name dragged into the issue. As per the report, the accused promised to cast the victim as the sister of Ajay Devgn’s character, luring her with false assurances of work in films and advertisements. In a joint statement, the makers of the film said, "This is in reference to recent reports regarding an individual named Gunwant Tarachand Jain, who allegedly promised a role to a model in Son of Sardaar 2 and is accused of assaulting her. We categorically state that no person by the name Gunwant Tarachand Jain is associated with Son of Sardaar 2 or is known to any member of our team." The film’s makers were shocked when they came to know that during a supposed screen test, Madhani reportedly spiked the victim's drink, and allegedly filmed her and used the video to blackmail her into repeated sexual encounters. They told mid-day "While we extend our sympathies to the victims, we firmly clarify that no such promises or roles have been offered by anyone connected with Son of Sardaar 2." A crew member said, "It is crucial for aspiring talents to remain vigilant and verify the credentials of those offering work opportunities. Production houses and industry professionals must actively promote transparent and ethical practices, ensuring safe environments during auditions, photo shoots, and other professional engagements. We encourage individuals to approach legitimate agencies and trusted sources for work, while also reporting any misconduct to the authorities."
26 November,2024 08:05 AM IST | Mumbai | Mohar BasuA 26-year-old man was killed after his scooter allegedly collided with the truck on Monday at around 2.45 pm in the Chinchpokli area. Following the incident, the Kalachowkie police questioned and subsequently released the truck driver. Police have identified the victim as Tipana Shankar Appa, a resident of Dharavi. “We received information that an accident had occurred on the Chinchpokli bridge and rushed to the spot. We had detained the truck driver and seized the vehicle,” said an officer at the Kalachowkie police station. The driver has been identified as Gama Prasad Titer Prasad, 52. According to the police, the victim was riding a black Activa and was delivering certain items, which were found near the accident spot. “We found idli batter. We also found a helmet near the accident spot,” the police said. The police said that they are investigating whether the truck driver was speeding, which could have led to the accident. “Prasad was detained and released after being served a notice,” said a police officer. “The truck driver’s blood sample has been sent for forensic analysis,” said a police officer. The victim’s family has been informed about the accident, the police said.
26 November,2024 07:51 AM IST | Mumbai | Apoorva AgasheADVERTISEMENT
