Thane, February 13 A court in Thane district of Maharashtra has acquitted a man accused of obstructing public servants during an anti-encroachment drive, citing that the prosecution failed to provide reliable evidence to prove the charges against him.
Additional Sessions Judge G T Pawar acquitted Hemant Tanaji Mahale on Wednesday, who had been booked under Section 353 (assault or criminal force to deter a public servant from discharging their duty) of the Indian Penal Code and relevant provisions of the Maharashtra Regional Town Planning (MRTP) Act.
The case was registered on December 1, 2022, based on a complaint by a senior official of the Thane Municipal Corporation (TMC), alleging that Mahale had obstructed a civic team during an anti-encroachment drive.
During the trial, the defence argued that Mahale was a social worker who was falsely implicated in the case because he had previously filed complaints against a local MLA regarding illegal constructions.
The judge observed that the evidence of the prosecution witnesses regarding assault, use of criminal force, or obstruction in the discharge of duty was contradictory, and therefore unreliable.
He also stated that the fact that the informant or his colleagues were on duty at the time of the incident had not been proven.
The court further noted that there was no evidence to show that the land in question belonged to the government, and that the accused had encroached upon it by carrying out illegal construction.
The court acquitted the accused, stating that the prosecution had failed to prove that he had either used criminal force or carried out unauthorized development.
