Attavar assault case: Evidence is visibly incomplete, incoherent to convict accused, says court

Attavar assault case: Evidence is visibly incomplete, incoherent to convict accused, says court

Mangalore Today News Network

Mangaluru, March 22, 2025: A Mangaluru court which on March 15 acquitted all 19 accused in a stripping and assault case reported at Attavar in the city a decade ago has pointed out at many contradictions and exaggeration, coupled with omissions on the part of prosecution in proving the guilt.

A group of persons, said to be from right-wing affiliates, had assaulted a 30-year-old sales manager, Shakir Ali, of a super store at Attavar by stripping and tying him to a pole after he was found with a female colleague belonging to another community on August 24, 2015.

In the judgement, the First Additional District and Sessions Judge H.S. Mallikarjuna Swamy, said: “On appreciation of entire evidence, there are number of contradictions and exaggeration coupled with omissions which conspicuously demonstrate that the investigation is perfunctory”. “...In a criminal trial, requirement of proof does not lie in the realms of surmises and conjectures...,” the Judge said.

“The chain of evidence led by the prosecution is visibly incomplete and incoherent to permit conviction of accused without any trace of doubt. The prosecution has failed to elevate its case from the realm of “may be true” to “must be true” as is indispensably required in law for conviction,” the Judge observed.  

The Judge noted that there is no evidence to prove that the 19 accused persons knew each other and they belonged to a Hindu organisation. There is no evidence to establish their motive and about criminal conspiracy they had hatched to assault the victim.

Pointing out at contradictory evidence before the court with regard to the female colleague asking the victim a hand loan of ₹2,000 the Judge said: “In the complaint and in chief examination, PW.1 (Shakir Ali) deposed that female colleague requested him to pay the amount through phone, but in the cross examination he deposed that she requested for the money when he returned to superstore after alighting (dropping) his some other friends near State Bank of India bus shelter.”

The Judge noted that investigating officer (IO) has not cited the female colleague as witness in this case. The evidence of Mohammed Rizwan, who gave ₹2,000 to Shakir Ali, is not available before the court, the Judge said.

The court also made note of admission of Shakir Ali that his female colleague lodged complaint against him stating that, she was molested by him in public and due to that public in the locality assaulted him. Huge crowd gathered at the place of incident.

 The Judge noted the delay on the part of IO in recording the statements of injured and eye witnesses. Prosecution has not proved recovery of material objects from  Accused No.1 and No. 2. The Judge also mentioned about contradictory evidence of medical expert and the doctor who treated the victim regarding the presence of blood stains on material objects (like iron rod, helmet). Evidence regarding authenticity of video footages and photographs of the incident was inadmissible, the Judge observed in his 58-page judgement.