In a remarkable conclusion to a legal saga spanning over half a century, a Pune court acquitted a man accused of a 1974 robbery, finally bringing the dormant case to a close on Boxing Day last year. The accused, who had been absconding for 51 years, was absolved of all charges due to the prosecution's inability to produce any witnesses or evidence.
The Stale Case from a Bygone Era
The origins of this extraordinary case trace back to March 14, 1974, a time when the value of one US dollar was approximately eight Indian rupees. Within the jurisdiction of Pune's Bund Garden police station, a robbery was reported involving a wristwatch valued at Rs 60, Rs 4 in cash, and a handkerchief. An FIR was registered the next day under Section 394, read with Section 34 of the Indian Penal Code, against three individuals: Rajaram Tukaram Kale and two others.
The judicial process saw a swift outcome for two of the accused. They pleaded guilty and were convicted, receiving a sentence of three months' imprisonment in April 1975. However, the third accused, Rajaram Tukaram Kale, who was in his twenties at the time, pleaded not guilty. After charges were framed against him on April 3, 1975, he absconded, vanishing from the legal system's radar.
Five Decades of Legal Limbo
For the next 51 years, the trial against Rajaram remained in a state of suspended animation. Court records indicate that non-bailable warrants and proclamation proceedings were issued against him periodically, but all efforts to trace him proved futile. The case file gathered dust until it was revived for review under the current presiding judge.
Assistant Public Prosecutor Ashwini Kale explained that the original case had eight witnesses, and all three accused were initially arrested. Despite numerous legal instruments like notices and warrants being issued to the complainant and witnesses after the case was reopened, not a single person appeared before the court. The passage of time had eroded the case's foundation entirely.
The Boxing Day Acquittal
On December 26, 2023—observed as Boxing Day—Judicial Magistrate First Class N J Chavan of the Railway Court in Pune delivered the final order. The court noted the complete absence of evidence, stating the prosecution had failed to secure any witness. In its ruling, the court emphasized that with insufficient evidence to warrant a conviction, there was no propriety in keeping the proceeding pending indefinitely.
The magistrate's order highlighted the "stale and ineffective" status of the proceeding. To conserve the time of the court, police, and prosecution, an appropriate order was necessary. Consequently, the court acquitted Rajaram Tukaram Kale under Section 248(1) of the Code of Criminal Procedure (CrPC). The court also cancelled all outstanding warrants and bonds against the accused and directed that any seized property be disposed of according to the law.
This verdict underscores a critical legal principle: the state must prove its case beyond reasonable doubt. When evidence vanishes and witnesses become untraceable over decades, even a serious charge cannot sustain itself. The Boxing Day ruling, often associated with charity and new beginnings, ironically provided a long-overdue legal closure to a case that had become a relic of the past.
