HC acquits Chhota Rajan gangster in attempt to murder case

Mumbai, Aug 4 (UNI) Bombay High Court has acquitted Chhota Rajan gangster and MCOCA accused D K Rao in an attempt to murder case.

Justice R S Mohite acquitted Rao yesterday on benefit of doubt, as there was a discrepancy in the evidence recorded against him.

On November 11, 1998, there was a police encounter at Gokhale Road, Dadar in Central Mumbai which involved Rao and four of his accomplices.

While his four accomplices were killed in the encounter, Rao was taken into custody by the crime branch and charged under section 307 (attempt to murder) of IPC.

A sessions court had sentenced Rao to ten years' imprisonment, despite the discrepancies in the 'panchnama' report and the ballistic experts report (expert report on the bullet shells recovered from the spot).

Also, there was a discrepancy in the number of pistols recovered as mentioned in the panchnama and during deposition in the sessions court.

Justice Mohite asked the prosecution to produce the pistols and other evidence in court, but was told that the same were not preserved after the trial, as the lower court directed their disposal.

He came down heavily on the lower court and directed that further care was to be taken by lower courts to preserve evidence and not disposed it off, until the final remedy available was exhausted.

UNI XR-ARM GK VKG SHB RN1852