MUMBAI: Observing that using mere threatening words without action or gesture to create fear or anger will not attract offense relating to assault on an on-duty public servant, a session court has ruled. After 16 years, the court acquitted Andheri businessman Tabrez Qureshi (42), accused of attack Brihanmumbai Municipal Corporation ,BMC) when the officials were taking action against his “illegal mutton shop”.
Two BMC officials could not identify the accused in the court. 15 years had elapsed on the statement and one of the two cited the delay in the inability to identify the accused. “Prosecution witnesses 1 and 3 (BMC officials) do not state anywhere that the accused had used assault or criminal force on prosecution witness 1 to deter or prevent the public servant from discharging a lawful public duty,” the judge said.
The judge said the presence of Qureshi appeared suspicious. The court said that there are doubts about the truth about the incident actually taking place as the prosecution’s evidence was not coherent.