Additional Chief Metropolitan Magistrate MI Lokwani acquitted Gufran Khan (22) and Anwar Khan (32).
Earlier this month, a magistrate court acquitted two youth charged with possessing and selling plastic male and female genitals at the MK Market in South Mumbai in 2014. The court noted that the prosecution failed to prove the contents of the seizure panchanama.
Additional Chief Metropolitan Magistrate MI Lokwani acquitted Gufran Khan (22) and Anwar Khan (32). Both were charged under section 292 of the Indian Penal Code for allegedly possessing plastic cast of 11 male genital parts and one female genital part. It was alleged by the MRA Marg Police that on receiving secret information, a team had raided two premises inside the market and seized the adult toys.
However, the seized products were never produced before the Balard Pier Magistrate, neither were the panch witnesses before whom the seizure had taken place examined by the prosecution. The case of the prosecution was based on the evidence of three witnesses, all policemen. They had deposed that on receiving secret information, they were told to effect the raid at the premises where they allegedly seized the articles.
However, the accused denied the charged and argued that alleged products were neither produced before the court nor any prosecution witness identified the same. Furthermore, no independent witnesses — panch and investigating officer — examined the same before the court. In absence of the objects, the guilt of the accused cannot be proven.
While going through the evidence, the court observed, "It is the duty of the prosecution to prove the guilt of accused beyond reasonable doubt. However, in the present case, the prosecution failed to do the same. Therefore, benefit of doubt goes in favour of the accused. It appears that the prosecution failed to prove the essential ingredients of the charges levelled.
WHAT WENT WRONG
- The seized products were never produced before the Balard Pier Magistrate, neither were the panch witnesses before whom the seizure had taken place examined by the prosecution.
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