The court noted that the only witness who partly supported the prosecution case was the constable, and "even his testimony was contradictory, vague, and substantially weakened during cross-examination"
Gopal Shetty was an MP from Mumbai North constituency twice from 2014 to 2024. File Pic
A Mumbai court has acquitted BJP leader and former Member of Parliament Gopal Shetty, along with party worker Ganesh Khankar, in a 2004 case related to the alleged assault and abuse of police officers, reported the PTI.
Delivering the verdict on July 19, Additional Sessions Judge Satyanarayan Navander noted that even the investigating officer failed to corroborate the claims made in the First Information Report (FIR). The detailed judgment became available on Thursday.
“In light of this, a serious doubt arises regarding the prosecution’s case… In the absence of cogent, consistent, and reliable evidence, both accused are entitled to the benefit of the doubt,” the court stated, as per the PTI.
According to the prosecution, BJP worker Netaji Shinde was detained at Kasturba Marg Police Station in Kandivali, suburban Mumbai, on September 9, 2004, under investigation linked to the Maharashtra Prevention of Dangerous Activities (MPDA) Act, the news agency reported.
Gopal Shetty and Ganesh Khankar allegedly entered the police station later that night. When questioned by a police constable, they were said to have pushed him aside, verbally abused him, and issued threats. The two allegedly entered the detection room, where further abuse was directed at officers, reported the PTI.
Shetty was the MP of Mumbai North constituency twice from 2014 to 2024. Before that he was an MLA.
An FIR was registered against them the next day under Indian Penal Code sections 353 (assault or criminal force to deter a public servant from discharge of his duty), 189 (threat of injury to public servant), 504 (intentional insult with intent to provoke breach of peace), and 506 (criminal intimidation).
During the trial, the constable -- who was the complainant -- told the court that he was pushed and abused, but during cross-examination he stated that the push might have been unintentional, the accused being in a hurry.
He also did not recall the exact swear-words used by the accused. The court found his testimony "extremely weak and unreliable," according to the PTI.
Further, the investigating officer testified only about conducting investigation and filing a chargesheet, without corroborating the allegations of himself being insulted or intimidated despite being present when the incident took place.
The court noted that the only witness who partly supported the prosecution case was the constable, and "even his testimony was contradictory, vague, and substantially weakened during cross-examination".
(with PTI inputs)
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