[Graft Charges] On 'Prosecution Failing To Prove Its Case', Bombay HC Acquits Maharashtra ATS Officer

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Synopsis

Bombay HC acquits Arun Khanvilkar, Senior Inspector (ATS) from the graft charges while quashing the Special Judge's judgment. Deatiled Judgment to come next week.

A bench of Justice AS Gadkari while quashing and setting aside the impugned judgment of the Special Judge, acquitted Arun Khanvilkar of graft charges of 2010. The Court was of the opinion that, “prosecution has failed to prove its case”. Khanvilkar was a Senior Inspector with the Anti Terrorism Squad (ATS) who has investigated several cases like the Malegaon 2008 blast case etc.

In the matter, the prosecution had alleged that Khanvilkar along with his ATS team raided a Mulund Club in 2009. After which a team of Police arrested the complainant, who ran a lottery business, along with few other men. They were taken to Kalachowky Police Station by the ATS, where they were assaulted and were asked for 20 lakhs for them to be released (which he later bargained for 10 lakhs). The complainant alleged Khanvilkar’s prominent role in obtaining his signatures and threatening him of fraudulent implications.

It was further contended that on approaching the Anti Corruption Bureau (ACB), Khanvilkar could not be caught red handed. After a series of such events, an investigation was completed, followed by a sanction for prosecution of Khanvilkar by the Director General of Police. Resultantly a charge sheet was filed..

Eventually, a Mumbai Special Court in 2013, convicted and sentenced Khanvilkar to two years imprisonment while 10 months imprisonment for his associates.    

Therefore, they approached the High Court against the sentence on the ground that there was no evidence that could prove Khanvilkar’s involvement in the prosecution case. Further, that there were discrepancies pointed in the case.

A detailed judgment would be made available next week.

Inputs: India Today