In a remarkable conclusion to a legal saga spanning half a century, a sessions court in Mumbai has acquitted a man accused of a brutal attempted murder that dates back to 1974. The case reached its final verdict after the sole eyewitness and victim, now an elderly man, could not recall the harrowing incident during the trial.
The Fading Memory of a 50-Year-Old Attack
The case, which had been dragging through the Indian judicial system for decades, centered on an alleged attack that occurred on March 10, 1974. The accused, Rajendra Shripad Bhalerao, was charged with attempting to murder one Shankar Dagadu Pathare in the Mahim area of Mumbai. According to the original First Information Report (FIR), Bhalerao, along with three other individuals, allegedly assaulted Pathare with a sharp weapon, inflicting serious injuries.
However, when the case finally came before Additional Sessions Judge M J Rane for trial, the foundation of the prosecution crumbled. The key witness, Shankar Pathare himself, was unable to testify against the accused. Pathare stated before the court that he could not remember the incident or identify who had attacked him. This failure of memory proved fatal to the state's case.
Prosecution's Case Collapses Without Evidence
The prosecution's struggle was multifaceted. Apart from the victim's inability to testify, the court noted several critical lapses. The original FIR named four accused persons, but charges were framed only against Rajendra Bhalerao. The other three individuals had passed away during the protracted legal process. Furthermore, the investigating officer who filed the chargesheet was also deceased, and no other police personnel involved in the initial investigation were presented to corroborate the events.
Judge Rane, in the acquittal order, emphasized the legal principle that underpins criminal trials. The court stated that the burden of proof lies entirely with the prosecution to establish guilt beyond a reasonable doubt. With the victim unable to identify his attacker and no other direct evidence presented, that burden was not met. The judge explicitly noted that the accused is entitled to the benefit of the doubt in such circumstances.
A Reflection on Justice and Time
This acquittal brings to a close a case that is a stark example of the extreme delays possible within the Indian legal system. For 50 years, the accused lived with the pendency of a serious criminal charge. The verdict highlights the challenges courts face when adjudicating extremely aged cases where witnesses' memories fade, evidence is lost, and original investigators are no longer available.
The legal outcome also underscores the paramount importance of eyewitness testimony in criminal proceedings. Without it, even the most serious charges cannot be sustained. The Mumbai sessions court's decision reinforces a fundamental tenet of justice: it is better for a guilty person to go free than for an innocent person to be convicted.
This case from Maharashtra serves as a poignant reminder of the human element within the vast machinery of law and order, where the passage of time itself can become the most decisive witness.
