Read Time: 07 minutes

Synopsis

A sessions court in Godhra, Gujarat, has directed the registration of a First Information Report (FIR) against three policemen and two others, including a cow vigilante (Gau Rakshak), for allegedly framing two men in a false case of transporting cattle for slaughter. The court also ordered departmental proceedings against the officers, who were charged under Section 248 of the Bharatiya Nyaya Sanhita (equivalent to Section 211 of the IPC) dealing with ‘False charge of offence made with intent to injure.’ The court also allowed the acquitted men to seek compensation.

Additional Sessions Judge Parvezahemad Malaviya acquitted Ilyas Daval, a cattle owner, and Nazir Malek, the driver of a pickup truck, holding that the prosecution failed to present any evidence to support the claim that the cattle were being transported for slaughter. The court observed that “a totally false complaint was given against the accused persons by the complainant,” with the gau rakshak panch witnesses and a police official aiding the false prosecution. It further criticised the police for registering the case “on mere suspicion” and for failing to investigate the claims.

The case arose on the night of July 31, 2020, when police intercepted Malek and Daval near Vasapur village. The vehicle was found carrying a buffalo, a buffalo calf, and a jersey cow tied with short ropes and without access to food or water. In absence of documents proving the legal purchase of the animals, the accused were arrested, and the cattle and vehicle were seized. An FIR was registered, charging them under the Gujarat Animal Preservation Act 2017 and Animal Cruelty Act 1860, among other laws. Thereafter, they were kept in 10 days of judicial custody, on the prosecution’s allegations that the animals were being transported for slaughter. However, Daval claimed he was involved in dairying and the cattle trade.

The court observed that one panch witness, Margesh Soni, was a gau rakshak frequently used as a witness in similar cases, casting doubt on his credibility. The court found that in this particular case, Soni was called from 8–10 kilometers away, violating protocols requiring local witnesses during a panchnama. Dismissing the testimony of the witness, the court stated, “Looking to this fact it can be said that the said panch witness is a stock witness. The word stock means something which is stored or kept in for future use as per the availability. The Stock witness is a person who remains at the back foot of police and comes in front as per directions of police. Their testimony in not very reliable, and the Court always opt not to stand on his testimony.”

The court ordered the registration of an FIR for instituting false criminal proceedings against Assistant Head Constables Rameshbhai Narvatsinh and Sankarsinh Sajjansinh, Police Sub-Inspector M.S. Munia, and panch witnesses Margesh Soni and Darshan alias Painter Pankaj Soni. It also directed the Superintendent of Police, Panchmahal, to initiate departmental action against the officers and submit a compliance report.

The court allowed the acquitted men to initiate separate compensation proceedings against the state government, police officials, and witnesses.

Additionally, the court ordered the immediate return of the confiscated cattle to Daval without any fees. It directed that if the animals were not returned within 30 days, the State must compensate Daval ₹80,000 with 9% annual interest from the date of seizure. The State was granted the liberty to recover this amount from the shelter home, police officers, and panch witnesses.

 

[With inputs from PTI]