28 July,2026 08:28 AM IST | Mumbai | Vinod Kumar Menon
The court reiterated that criminal conviction requires proof beyond reasonable doubt. Representation Pic/iStock
A 42-year-old criminal case ended in acquittal on July 24 after a Mumbai Sessions Court cleared 67-year-old Salim Dorajiwala, holding that the prosecution failed to prove his identity and his role in the crime beyond reasonable doubt.
Beyond the verdict, the case highlights the damaging impact of judicial delays, with key witnesses dying, memories fading, and evidence weakening over four decades. The lone surviving eyewitness could not identify the accused.
Additional Sessions Judge MR Natu acquitted Dorajiwala of charges under Sections 307 (attempt to murder), 326 (grievous hurt by dangerous weapons) and 324 (hurt by dangerous weapons) read with Section 34 of the Indian Penal Code.
According to the National Judicial Data Grid, nearly 4.98 crore cases are pending across Indian courts, including 3.84 crore criminal and 1.13 crore civil cases.
According to the prosecution, the complainant, Sadanand Mahabal Shetty, had alleged that three armed persons entered his residence at Sethana Wall Compound, Nesbit Road, Mazagaon, around 11.30 pm on August 11, 1982.
The prosecution claimed that the accused entered the house carrying daggers; Shetty was allegedly attacked with a dagger blow to the forehead; a person named Shrinivas, who intervened, was allegedly stabbed; the assailants allegedly fled in a taxi; and the alleged motive was a previous dispute near the Sweet Heart beer bar in Tadwadi.
>> The accused's identity and his role in the alleged attack.
>> Common intention with other alleged offenders. The court reiterated that criminal conviction requires proof beyond reasonable doubt.
Senior Counsel Majeed Memon, a well-known criminal lawyer, said, "A criminal case ending after 42 years is a stark reminder that we have failed the Constitution's mandate of speedy justice. Article 21 guarantees not just justice, but inexpensive and expeditious justice. When trials stretch across decades, victims, accused and society all suffer. We need structural reforms - extended court hours, strict limits on adjournments, fast-track courts conducting day-to-day trials, and better judicial administration.
Senior Counsel Majeed Memon
The 2G spectrum trial showed that when the Supreme Court closely monitored proceedings and adjournments were not routinely granted, a complex case involving accused mostly from Mumbai and Tamil Nadu was completed efficiently. That model should be replicated, especially for long-pending criminal cases. As has often been said, the civilisation of a nation can best be judged by the effectiveness of its system of justice. If criminal cases continue to remain pending for four decades, it reflects poorly on our justice delivery system. Such delays are unacceptable, and one can only say that a society which tolerates this level of judicial pendency cannot claim to be truly civilised."
He added, "Special courts were constituted to ensure the expeditious disposal of criminal cases involving elected representatives so that the outcome of the proceedings would be known during their tenure in public office. Unfortunately, even these courts have largely failed to achieve that objective. In many instances, elected representatives complete their full term before their cases are decided, defeating the very purpose for which these special courts were established. The same problem exists with election petitions. We have seen numerous cases over the past several decades where election petitions remained pending until the entire electoral term had expired. By the time a verdict is delivered, the grievance has become largely academic. Justice delivered after the purpose has been defeated is no justice at all."
>> Original complainant Sadanand Shetty died in 2016.
>> Another important witness, Anusaya Shetty, died in 2025.
>> Several witnesses could not be traced.
>> Only one prosecution witness remained available for examination.
>> The prosecution relied mainly on Pushpalata Sanjiva Bangera, a relative of the complainant who was 12 at the time of the incident. The judgment recorded thatâ¦
>> The sole witness stated she had lost memory of several details and she could not identify the assailant.
>> She could not confirm whether Shrinivas was even present.
>> The prosecution failed to establish the accused's specific involvement.
>> The court held that suspicion cannot replace proof required for criminal conviction.
Counsel not available 6035402
Accused absconding 3412087
Witness 2594275
Stayed for reasons 2071312
Awaiting documents 1389657
Parties not interested 743421
Frequent appeals 435360
LRs not on record 137676
Misc. applns blocked 97573
More witness 80166
Stayed by HC 57314
Execution of Decree 26131
Record unavailable 24702
Stayed by DC 4986
Stayed by SC 733
4,98,00,000
No of cases pending in Indian courts
