Bombay HC: Lack of Proof Clears Two in 2016 Mumbai Murder Case

Summary: Avinash Bhushan Pimpalkar @ Raju and Mukesh Mahadev Musahar, who were found guilty in 2018 for a murder in Mumbai, have been cleared by the Bombay High Court due to lack of solid evidence.

The Case Background

On March 25, 2016, a woman's body was found near the Railway Tribunal area on P. D’Mello Road, Mumbai. The police got a call about the body around 9:00 a.m. The woman, aged between 55 and 60, was found partially unclothed with injuries on her face, making it hard to identify her. A police report was filed against unknown people for murder and hiding evidence.

Arrest and Trial

Avinash Bhushan Pimpalkar @ Raju and Mukesh Mahadev Musahar were arrested on March 27, 2016. They were accused of murder and covering up evidence. The court in Greater Bombay found them guilty on January 12, 2018, and sentenced them to life in prison and a fine of Rs. 2,000 each.

Appeals and Arguments

Both Avinash and Mukesh challenged the conviction. Their lawyers claimed they were wrongly accused and that the case was based only on indirect evidence without any witnesses who saw it happen. They pointed out problems in the evidence, like no direct connection between Avinash and Mukesh and the crime.

Witness Testimonies

The prosecution called ten witnesses, including:

• ASI Pandharinath Vithal Darade: The officer who first arrived at the scene.
• Rajashree Sharma: The woman who reported finding the body.
• Adesh Uttarmrao Shejav: Said he saw Avinash and Mukesh with the woman who died.
• Medical and Investigating Officers: Gave details on the state of the body and the crime scene.

The Court's Findings

Judges Manish Pitale and Shreeram V. Shirsat found that:

• The idea that Avinash and Mukesh were the last people seen with the woman was weak because too much time passed between when they were last seen with her and when her body was found.
• Finding evidence like bricks and clothes wasn't convincing because the public could access those areas and there were inconsistencies in what people said.
• There was no reason established for why the crime would have been committed.

The court noted, "Suspicion, however strong, cannot replace proof beyond a reasonable doubt."

Acquittal

The Bombay High Court decided that the prosecution failed to prove the guilt beyond a reasonable doubt. The conviction was overturned, and both Avinash and Mukesh were ordered to be released immediately, unless required in other cases.