In a case that had generated considerable interest in police circles of Pune, a district court has discharged two constables working with the State Reserve Police Force (SRPF) of the charges of waylaying and assaulting a Police Sub-Inspector (PSI) with with a huge stone.

Acquitting two SRPF constables Prasad Harischandra Naik (25) and Sanjay Ramchandra Ghaytadak (28) of assaulting Bapu Parvati Jadhav, Pune’s Additional Sessions Judge K K Jahagirdar observed: “I do not think that entire evidence of prosecution is trustworthy and hence, I straightway rejected the same and hold that the prosecution has miserably failed to prove the case against the accused beyond shadow of doubt”.

Prasad Naik, who incidentally is a State basket ball player, and Sanjay Ghaytadak had been booked under sections 326, 333, 353 read with Section 34 of the Indian Penal Code for alleged assault on PSI Bapu Jadhav.

In his complaint, PSI Bapu Jadhav had alleged that two unknown persons had knocked down while returning home on his motorcycle in the early hours of June 19, 2015. He had also alleged that the assailants had hit on his head with “some hard and blunt object (apparently stone). In the assault he had sustained injuries on his nose, forehead, shoulder, best and back. In the investigation that followed, the two assailants had come to be identified as  Prasad Naik and Sanjay Ghaytadak.

Defending the two accused constables, Advocate Vijayalaxmi Khopade contended that her clients had been “ falsely framed” in the case by PSI Bapu Jadhav just to “hide” his misconduct.

Agreeing with Advocate Vijayalaxmi’s contention that PSI Bapu Jadhav had lodged his FIR as late as 19 hours after the actual incident and arguments put up by her, Judge Jahagirdar observed: “It is found that till filing FIR, witness Bapu Jadhav has not disclosed to anybody that he was assaulted by two unknown persons. Bapu Jadhav is not layman. He is in Police Department in the cadre of PSI. Under such circumstances, his false narration about the incident creates doubt about his own evidence”

“Secondly, there is serious allegation about consuming liquor, which is misconduct of his part. All the persons who had investigated, are closely concerned with Bapu Jadhav. They were worked together and having good relations with Bapu Jadhav,” the judge noted

“Therefore, there is every possibility that in order to save Bapu Jadhav from misbehaviour or misconduct, false case is registered and the accused might have been falsely involved into his case. Therefore, I discard entire evidence of the prosecution and hold that the prosecution has failed to prove the case against the accused beyond shadow of doubt,” the judge observed.

While discharging the two accused constables of the charges against them, the judge ordered the cancellation of bail bonds and sureties. He, however, directed the two constables to furnish surety bond of Rs 15000 each in compliance with section 437 (A) of Cr. PC.    

The two SRPF constables had been placed under suspension for more than two years after the incident. After a department inquiry conducted by SRPF’s senior officials, the two were reinstated into service on July 27, 2017, pending a ruling in the case in which they were accused.