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Sessions court raps police for delay in case

Curtain finally comes down on the 14-year-old case; Sentence reduced.

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The city sessions court has pulled up police for delay in proceedings in a 14-year-old case. Additional sessions judge RH Sharma has observed that the delay in registration of FIR and the manner in which the evidence of the witness had been recorded raised serious doubts on the intention of the prosecution.

The court observed that the case had been adjourned for more than 95 times during trial in a lower court. According to case details, Ramlal Taili and Deviben Taili, residents of Nava Vadaj, were booked for assaulting their neighbour Hakmaji Prajapati in March 1995. While Prajapati was drying fafda outside his house, Deviben deliberately splashed dirty water on the food item. When Prajapati protested, Deviben and his son attacked him.

After the trial lasting 14 years, metropolitan magistrate NK Parikh sentenced both the accused to one-year rigorous imprisonment and a fine of Rs5,000 in February 2009. Assistant Public prosecutor KV Upadhyaya had then submitted in the court that the accused had mischievously splashed water.

Later, the duo appealed against the verdict before the sessions court, which reduced the sentence till rising of the court. However, the fine of Rs5,000 was maintained.
The court also observed that while the FIR in the case had been lodged on April 9, 1995, the investigating agency had submitted an investigation report of the case on May 6, 1995 and that the accused have been attending court regularly for 14 years. The court further observed that the accused had attended court keeping themselves away from their profession.

Under the circumstances, the “mental agony faced by the accused is sufficient as punishment”, the court ruled.

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