A court in Maharashtra's Thane district has acquitted a 33-year-old man who was accused of throwing two young children from a building, an incident that resulted in the death of a five-year-old boy. The verdict, delivered on Tuesday, highlighted significant gaps in the prosecution's case, including the absence of direct eyewitnesses and reliance on inconsistent testimony from a child survivor.
The Tragic Incident and Initial Allegations
According to the case details, the incident occurred in February 2023 in the Kausa area of Thane. The accused, Aasif Shabbir Khan, was alleged to have thrown five-year-old Sayyad Zohan Hussain and four-year-old Zenab Ansari from the second floor of a building. Tragically, Sayyad succumbed to his injuries, while Zenab survived the fall.
The prosecution built its case primarily on the statement of the surviving child, Zenab, and her subsequent disclosure to her mother. It was reported that the children knew the accused as "phatakewala uncle" because he had distributed firecrackers to them during Diwali festivities.
Court's Scrutiny and Reason for Doubt
In his order, Principal District and Sessions Judge S B Agrawal pointed out several critical flaws that led to reasonable doubt. The judge emphasized that the case lacked any direct eyewitnesses to the alleged act. The entire charge depended heavily on the testimony of the child witness, which the court found to be inconsistent, especially under cross-examination during the trial.
The court also noted a suspicious delay in reporting the incident to the police. Judge Agrawal observed that "the FIR itself appears to be an outcome of a concocted story," casting further doubt on the prosecution's narrative. Additionally, the defence argued that the building was under construction and incomplete, suggesting the possibility that the children's fall was a tragic accident.
Verdict of Acquittal and Immediate Release
After evaluating all the evidence and arguments, the court concluded that the prosecution had failed to prove the guilt of the accused beyond a reasonable doubt. The legal principle of "innocent until proven guilty" prevailed in the absence of concrete, reliable evidence directly linking Khan to the crime.
Consequently, Judge Agrawal ordered the acquittal of Aasif Shabbir Khan and directed that he be released from custody forthwith. This verdict underscores the judiciary's rigorous standards for evidence, particularly in serious criminal cases where the liberty of an individual and the gravity of the charge demand incontrovertible proof.
