Mumbai: A court here acquits BJP MLA Mangal Prabhat Lodha and four others booked for violating the Covid-19 induced prohibitory orders in September last year, ruling that the prosecution had failed to prove their guilt beyond all reasonable doubt.
Metropolitan Magistrate (Girgam Court) Nadeem A Patel had on June 23 acquitted Lodha, Minal Patel, Jyostna Mehta, Vinal Antarkar and Sarita Patil and the detailed order was available on Friday.
Offenses were registered against Lodha and four others under IPC section 143 (unlawful assembly) and other relevant provisions.
The prosecution had told the court that Lodha and others were raising slogans against the Brihanmumbai Municipal Corporation (BMC) outside the civic body’s D-ward office in south Mumbai when the coronavirus restrictions were in force.
At that time gatherings of more than five people were banned and despite being aware of the order, they continued to protest.
During the trial, the prosecution had examined five witnesses, all policemen.
The court in its order said that it is a fact that the incident took place in a public place, as claimed by the prosecution. Many people must have noticed this incident. However, none of the independent witnesses were examined.
The video recording of the incident was also not produced and proved by the prosecution, and the specific word used to raise slogans against the BMC was also not produced by the witnesses.
“The order which was violated by the accused was also not proved by the prosecution. This casts doubts in the story of the prosecution. Therefore, the accused are entitled to be acquitted as the prosecution has proved its guilt beyond all reasonable doubt.” failed to prove,” said the magistrate.
Metropolitan Magistrate (Girgam Court) Nadeem A Patel had on June 23 acquitted Lodha, Minal Patel, Jyostna Mehta, Vinal Antarkar and Sarita Patil and the detailed order was available on Friday.
Offenses were registered against Lodha and four others under IPC section 143 (unlawful assembly) and other relevant provisions.
The prosecution had told the court that Lodha and others were raising slogans against the Brihanmumbai Municipal Corporation (BMC) outside the civic body’s D-ward office in south Mumbai when the coronavirus restrictions were in force.
At that time gatherings of more than five people were banned and despite being aware of the order, they continued to protest.
During the trial, the prosecution had examined five witnesses, all policemen.
The court in its order said that it is a fact that the incident took place in a public place, as claimed by the prosecution. Many people must have noticed this incident. However, none of the independent witnesses were examined.
The video recording of the incident was also not produced and proved by the prosecution, and the specific word used to raise slogans against the BMC was also not produced by the witnesses.
“The order which was violated by the accused was also not proved by the prosecution. This casts doubts in the story of the prosecution. Therefore, the accused are entitled to be acquitted as the prosecution has proved its guilt beyond all reasonable doubt.” failed to prove,” said the magistrate.