Dahisar case: Victim’s uncertainty over injuries among grounds for boyfriend’s acquittal by court

The tribunal said that the grounds was contradictory arsenic the unfortunate herself has said that the accused did not propulsion her and that she mightiness person fallen connected her own.

Among the different reasons for clearing Darekar of the charges, the tribunal has said the constabulary had not produced immoderate grounds to beryllium that helium had the volition to termination Singh. The tribunal said that helium was contiguous astatine the country but intent, indispensable to beryllium conception 307 (attempt to murder) of the Indian Penal Code, was missing from the police’s case.

“The foundational information has not been proved by the prosecution. There is nary grounds of anterior enmity, provocation oregon motive for the accused to person committed specified an enactment against the victim. The prosecution has not established immoderate motive arsenic to wherefore the accused would effort to termination the victim. The quality of the injuries sustained by the unfortunate is fatal to beingness but successful lack of engagement of accused to perpetrate injuries, the accused cannot beryllium held liable,” further sessions justice D G Dhoble said successful the order.

According to the ailment filed earlier the Dahisar constabulary by Singh’s father, his daughter, who worked successful a BPO, had near for enactment astir 4.30 p.m. connected November 12, 2022. The tribunal records accidental that erstwhile the household tried to interaction her subsequently, she did not respond. Expecting her to beryllium engaged astatine work, Singh’s parents went for a greeting locomotion the adjacent day. When they returned, the unfortunate was lying successful furniture successful an injured condition. Their home assistance informed them that Darekar’s parent had dropped the unfortunate successful a cab, successful an injured condition. They rushed her to a hospital, wherever she underwent attraction for terrible injuries. Her household filed a ailment against Darekar, claiming that helium had pushed her from the h2o tank.

Singh successful her deposition earlier the tribunal said that she and the accused were drinking with a person astatine the high-rise connected the intervening nighttime of November 12 and 13, 2022. She remembered that the person had near and Darekar and she were watching videos astir leopard sightings successful the area. But she did not recollect what had happened adjacent and that she gained consciousness astatine a hospital, she told the court. “The victim’s ain uncertainty astir however she sustained injuries creates tenable uncertainty astir whether immoderate intentional enactment was committed by the accused astatine all,” the tribunal said.

The prosecution had said that the unfortunate was recovered successful a critically injured information and that CCTV footage showed the accused carrying the victim, alternatively than seeking contiguous aesculapian help. It besides said that Darekar had not fixed immoderate plausible mentation for however Singh got injured, since helium was with her. The court, however, said that Darekar has ‘satisfactorily explained’ the injuries sustained by the victim, stating that she accidentally fell from the terrace.

The constabulary had besides earlier dropped the complaint against Darekar’s parent for deficiency of evidence. Darekar, who was successful custody since November 2022, was ordered to beryllium released. Singh has been bedridden owed to the injuries.

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