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Mumbai Court Acquits Absconding Man in 1989 Dacoity Case

Mumbai Court Acquits Absconding Man in 1989 Dacoity Case
Mumbai Court Acquits Absconding Man In 1989 Dacoity Case After Trial In Absentia Under BNSS · freepressjournal.in

A Mumbai court heard an old dacoity case even though the accused person could not be found.

The case was filed in 1989.

A lawyer was appointed to defend the missing accused.

The court then acquitted him.

A law called the BNSS allows courts to hold trials without accused people who have been declared proclaimed offenders and are believed to be avoiding arrest.

Other courts in Mumbai are also reopening very old cases that had been waiting for years.

These cases include allegations involving murder and child sexual abuse.

The judge may next consider a similar request in the 26/11 terror attack case.

Key facts

Case type
Dacoity case registered in 1989
Legal provision
Section 356 of the Bharatiya Nagarik Suraksha Sanhita
Trial status
Conducted in absentia while the accused remained absconding
Defense representation
A competent lawyer was appointed from the legal-aid panel
Presiding judge
Special Judge Satyanarayan Navander
Other reopened cases
Cases registered between 1986 and 2003, including murder and child sexual abuse cases
Potential next matter
A prosecution plea for an in-absentia trial involving absconding accused in the 26/11 terror attack case

Quotes

Satyanarayan Navander

Special judge who issued the judgment explaining the BNSS provision for trials in absentia

“as per section 356 of BNSS (deals with proceedings against proclaimed offender) when a person is declared as a proclaimed offender and it is found that, he has absconded to evade trial, and there is no immediate prospect of arresting him, he can be tried as if he is present. The provision of trial in absentia has been thus provided by BNSS, provided the accused is defended by a competent lawyer.”
freepressjournal.in

Sources

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