False cow slaughter case: Gujarat court acquits two, orders criminal complaint against 3 cops, panch witnesses

The 5th Additional Sessions Judge Parvezahemad Malaviya, successful his bid connected Tuesday, directed the District Court Registrar, RS Amin, to lodge transgression ailment against Assistant Head Constables Rameshbhai Narvatsinh and Sankarsinh Sajjansinh; Police Sub-inspector MS Munia; and 2 panch witnesses, Margesh Soni and Darsan alias Painter Pankaj Soni, nether Section 248 of the Bharatiya Nyaya Sanhita Act (corresponding Section 211 of Indian Penal Code) for “instituting mendacious transgression proceedings against the accused persons”.

The tribunal besides directed the Registrar to taxable a compliance study for the supra absorption portion directing the Superintendent of Police of Panchmahal to “initiate departmental proceedings against the erring constabulary officials”.

The tribunal acquitted the 2 accused — Nazirmiya Safimiya Malek, a nonmigratory of Rudan successful Kheda, and Illyas Mohamad Daval, a nonmigratory of Vejalpur successful Godhra – successful the lawsuit lodged against them connected July 31, 2020, astatine Godhra B Division Police station, nether sections of the Animal Cruelty Act, 1860, for allegedly transporting the cattle — a cow, a buffalo and a calf of the buffalo – for slaughter. The court, upholding the defence argument, said that the lawsuit had been lodged connected “mere suspicion” and the “prosecution broadside has miserably failed to beryllium so”.

The tribunal termed the grounds of panch witnesser Margesh Soni arsenic “unreliable”, calling him a “stock witness”, described “as a idiosyncratic who remains astatine the backmost ft of the constabulary and comes successful beforehand arsenic per the directions of the police”.

The tribunal said that since Margesh Soni had “admitted that helium was a gau rakshak”, it raises “huge uncertainty against his credibility and genuineness”.

Witness called by police, unrecorded 8-10 km away

The tribunal considered the defence statement that the prosecution lawsuit – that the conveyance transporting the bovines had been seized astatine Vasapur crossroad – meant that the 2 panch witnesses had been “called by the police” contempt their location being 8 to 10 kilometers distant from the spot and were thus, “not a idiosyncratic of section inhabitant”, which is simply a mandatory protocol portion performing the panchnama.

The tribunal said: “The said panch was a gau rakshak (cow vigilante) and earlier also, helium has been a panch successful galore cases of animals… The tribunal tin opt not to basal connected his testimony.”

The tribunal besides considered the defence statement that since the incidental took spot during the Covid-19 lockdown successful July 2020, “only persons who were issued requisite walk licence could travel out”. The tribunal considered that the complainant constabulary serviceman had “admitted that the panchs were called by him done phone” but helium had not made arrangements of specified a walk licence for them “nor had helium taken support for the aforesaid earlier his higher officials.”

Calling it a lawsuit of “false prosecution”, the tribunal besides upheld the defence statement that portion Malek was lone a operator of the pick-up van for which Daval had paid him to transport the cattle purchased from Rudan colony successful Kheda territory for pursuing his concern of carnal husbandry, Daval was not contiguous successful the conveyance erstwhile it was accosted by the police.

The tribunal besides considered the defence submission that the animals purchased by Daval were for taming and the constabulary had been shown an archetypal certificate of acquisition issued by the sarpanch of the Rudan village, stating that Daval had purchased the jersey cattle from 1 Mohamadmiya Fakrumiya Malek.

The tribunal besides ordered that the muddamal (confiscated) animals, which had been sent to a panjrapole (shelter home), should beryllium “immediately handed implicit successful the custody (of Daval) without taking immoderate remuneration charges”.

In addition, the tribunal directed that successful lawsuit the prosecution, State and panjrapole are incapable to springiness backmost the custody of said animals to Daval wrong a play of 30 days from the day of this judgment, the State volition person to wage Daval the acquisition terms of said animals of Rs 80,000 arsenic good arsenic elemental yearly involvement of 9% from day of seizure till realisation of said amount. The tribunal has besides granted liberty to the State “to retrieve the said magnitude from panjrapole, the erring constabulary officials and panch witnesses, jointly and severally”.

Besides, the tribunal dismissed an exertion preferred by the prosecution seeking a enactment connected the implementation of the transgression proceeding against the constabulary unit and the panch witnesses, stating that the prosecution wanted to situation the said bid earlier the Gujarat High Court arsenic it is their statutory right. The tribunal said, “If the bid passed by this tribunal is acceptable aside, past each the proceedings which volition beryllium initiated connected the ground of the said bid volition automatically travel to an end. Therefore, the contention raised by the prosecution cannot beryllium entertained and the bid passed connected merits, aft a full-fledged trial, cannot beryllium stayed.”