Bombay HC: Acquittal Due to Insufficient Evidence in 2016 Murder Case

Summary: Mukesh Mahadev Musahar and Avinash Bhushan Pimpalkar were found not guilty by the Bombay High Court on February 25, 2026. They were initially found guilty of murder in 2018 but challenged the decision, leading to their acquittal due to not enough evidence.

The Initial Conviction

In January 2018, the Sessions Court in Greater Bombay found Mukesh Mahadev Musahar and Avinash Bhushan Pimpalkar guilty of killing a woman in March 2016. They were sentenced to life in prison and fined Rs. 2,000 each. The case was based on indirect evidence, with no direct witnesses.

Discovery of the Body

On March 25, 2016, a woman's body was found near the Railway Claims Tribunal at P. D’Mello Road, Mumbai. The body was discovered by Rajashree Sharma, who told the police after seeing it while going to a nearby toilet.

"The body was half naked and there were injuries on her face," said ASI Pandharinath Vithal Darade, the person who reported the incident.

Arrest and Investigation

The police arrested Mukesh and Avinash on March 27, 2016. The investigation involved several witnesses, including those who claimed to have seen Mukesh and Avinash with the victim. However, the evidence was mostly indirect.

Witness Accounts

• Rajashree Sharma: Reported hearing a woman's cries for help on the night of the incident.
• Adesh Shejav: Claimed he last saw Mukesh and Avinash with the victim around midnight on March 25, 2016.

The Appeals and Acquittal

Mukesh and Avinash challenged their conviction, arguing they were wrongly accused. The Bombay High Court, led by Judges Manish Pitale and Shreeram V. Shirsat, reviewed the case. They found the evidence not strong enough to prove guilt beyond doubt.

Key Points of the Judgment

• Last Seen Theory: The time gap between when they were last seen and when the body was found was too long to clearly blame Mukesh and Avinash.
• Recovery of Evidence: The finding of bricks and clothes with blood stains was considered unreliable due to problems with how it was collected and the chance that the police might have forced evidence.
• Lack of Motive: The prosecution couldn't show a reason for the crime.

"Suspicion, however strong, cannot take the place of proof beyond a reasonable doubt," the judgment emphasized.

Verdict Summary

The court decided that the prosecution did not provide a complete set of evidence. As a result, Mukesh and Avinash were found not guilty and ordered to be released immediately if they were not needed for any other case.