Mumbai: Acquitting a 27-year-old Worli woman, Avani Shah, who was accused for knocking down a man with her bike in 2016, the court said that her defence was probable that he had sustained the alleged “grievous injuries” after a fall from a stool at home. The court said that medical papers did not support the alleged victim’s Parshuram Nagvekar’s claims that he suffered the injuries due to her rash and negligent riding.
“On the contrary, the defence taken by the accused.. is corroborated by medical certificate in which appears history of falling from stool on January 15, 2016 at home. The defence taken by the accused is more probable than the prosecution story,” the magistrate’s court said. Nagvekar did not depose during the trial as he had died pending trial. “As there is no corroboration from any of the witness to the occurrence of incident, therefore, the accused cannot be held guilty Hence, the accused deserves to be acquitted for want of evidence…”, the magistrate said. It was alleged that Nagvekar was injured on January 15, 2016, as Shah rode her scooter on the wrong side of the road near Worli Koliwada. The prosecution only examined the investigating officer as a witness. The court held that the prosecution had failed to prove its case beyond reasonable doubt, therefore, benefit of doubt needs to given to the accused.