Bombay HC: Doubts Over Witness Credibility Lead to Acquittal in Nashik Assault Case

Summary: In a recent decision by the Bombay High Court, Arif Shahjad Qureshi and others accused in a 2017 assault case in Nashik were found not guilty due to lack of evidence and doubts about what the witnesses said.

Background of the Case

On the night of August 17, 2017, an incident happened in Nashik near Happy Games Zone, Kala Nagar. Nikhil More was attacked and killed, and two others, Suraj Khode and Amol Nikam, were hurt. Arif Shahjad Qureshi and others were accused of murder and attempted murder.

The Incident: What Happened?

According to the prosecution, the attack took place around 10:00 p.m. when Nikhil More and his friends were approached by Arif Shahjad Qureshi and the other accused. The fight led to Nikhil being attacked with a sickle and other weapons. Witnesses claimed that John Kajale and others were involved in the attack.

"John Kajale hit Nikhil More on the head two to three times with a sickle."

Trial and Conviction

The trial court found Arif Shahjad Qureshi and the other accused guilty based on what the injured witnesses said and other evidence, sentencing them to life in prison. However, the weapons supposedly used in the crime were not found, and the forensic report was negative.

Appeal and Acquittal

The appeal was heard by Justices Manish Pitale and Manjusha Deshpande. The defense argued that the evidence was not enough and that there were inconsistencies in what the witnesses said.

"The trial court questioned the evidence and even whether Sachin Kadam, a supposed eyewitness, was actually there."

Key Points of the Judgment

• Witness Testimonies: The court found inconsistencies in what the injured witnesses, Suraj Khode and Amol Nikam, said. The presence of a third witness, Sachin Kadam, was also questioned.

• Delayed FIR: The police report was filed hours after the incident, raising questions about the timeline and the accuracy of the witness accounts.

• Lack of Supporting Evidence: The absence of weapon recovery and the negative forensic report weakened the prosecution's case.

• Previous Bad Blood: The court noted the history of bad blood between the parties, which could have led to false accusations.

Summary of the Verdict

The court decided that the evidence was not strong enough to keep the convictions. Arif Shahjad Qureshi and the other accused were ordered to be released, highlighting the need for strong evidence in criminal cases.

"The evidence is not enough to prove that the accused were responsible for the incident."