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dna special: For this molestation accused, justice seems nowhere close

Over two excruciatingly long years of legal ordeal, mental agony and 15 court hearings later, there doesn't seem to be a hint of justice for 41-year-old Subhash Saboo. A physically handicapped man, Subhash and his 35-year-old brother Santosh were arrested on charges of molestation by the Malad police in September 2012, after their neighbour complained.

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Over two excruciatingly long years of legal ordeal, mental agony and 15 court hearings later, there doesn't seem to be a hint of justice for 41-year-old Subhash Saboo. A physically handicapped man, Subhash and his 35-year-old brother Santosh were arrested on charges of molestation by the Malad police in September 2012, after their neighbour complained.

What does the closure report state?
Despite the police submitting a B summary report (closure) with prosecution against the complainant in 2012 itself, which states that the allegations are false, the court has not given any clearance to the accused duo.

Prosecutor hand-in-glove with complainant?
According to Subhash, a small-time businessman, no arguments are being made by the public prosecutor, who according to him, is indifferent to the case and exhibits professional misconduct. He added: "The woman has not appeared in even a single hearing. I had to brief the magistrate in Borivli court about the case in the last two hearings, after which he said a notice would be issued to the woman to appear."
Subhash also said that the public prosecutor is hand-in-glove with the woman and has been deliberately delaying the case.

Letters written to chief justice of HC
Saboo has written letters to the chief justice of the Bombay HC, and also to the additional commissioner of police, North region. "The additional commissioner has promised that he would write a report and send it to the director of prosecution in Mantralaya," added Subhash.

What did complainant allege and what has probe revealed?
The woman had alleged that the duo who lived in the same residential building as her, barged into her house and molested her.
Investigations by the Malad police reportedly revealed that the allegation was false and the brothers were traced to a different location via mobile phone location and CCTVs at the time of the incident.

What was the bone of contention, as per Subhash?
Saboo has alleged that the woman had some issues related to property and was allegedly taking revenge. Following this, the police filed a closure report.
The 41-year-old also said that there was no reason for the dispute to stretch for over two years. He added: "I'm suffering from extreme mental agony and the social stigma associated with this is unbearable as I'm seen as a criminal in society. I hope the case moves forward and justice is meted out and the woman who filed the false complaint is punished.

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