Additional Sessions Judge Datta Hoble acquitted Hardik Vyas (27) and Shailesh Shaha (36) for offences under Indian Penal Code sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causes hurt) and 504 ( intentionally insults)
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A Mumbai court has acquitted two men accused of intentionally insulting a driver of the civic-run BEST Undertaking bus after the latter failed to recollect the "exact abusive words".
Additional Sessions Judge Datta Hoble acquitted Hardik Vyas (27) and Shailesh Shaha (36) for offences under Indian Penal Code sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causes hurt) and 504 ( intentionally insults).
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While the order was of December 29, its details were made available on Friday.
As per the prosecution, the incident took place in April 2008 when the Brihanmumbai Electric Supply and Transport Undertaking bus was proceeding from Colaba Depot in south Mumbai to Agarkar Chowk in Andheri East.
En route, the two accused travelling in an autorickshaw stopped the bus alleging it was not being driven properly and assaulted and abused the driver before the police intervened.
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Six witnesses, including the driver and conductor, were examined during the trial.
The court said in order to ascertain intentional insult, the background circumstances, manner in which the words are used, the person for whom it has been used and the conduct of the person who has used the words, needs to be borne in mind.
The bus driver and conductor have said they do not remember the exact abusive words used by the accused, which means there is no evidence that the accused intentionally insulted the victim, the court said.
This is the main ingredient of offence under IPC section 504, the court said, adding the prosecution failed to prove charges under IPC sections 353, 332, 504 beyond reasonable doubt.
Therefore, the accused need to be acquitted, the judge said.
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