A sessions court has acquitted an auto-rickshaw driver who was accused of killing his transgender lover after he was tired of being sexually harassed.
On September 12, 2013, the accused was arrested from Uttar Pradesh after the victim’s body was found in a pit at Juhu Koliwada on September 6, 2013. The accused spent nine months in jail, and a sessions court granted him bail in June 2014.
When the cops found the victim’s body, they noted injuries on the head, forehead, and ear. The accused was hit with a stone.
Investigations revealed that the accused had an affair with the victim and would often fight with each other.
The murder took place on September 5, said the prosecutor, following which the accused went home, changed his clothes, and confessed the crime to a friend.
The court reportedly said that the motive is not established, and the prosecution could have brought the call records, proving that the accused was harassed by the victim through calls and messages.
The court further added that if the victim had sent vulgar messages, they should have traced the mobile phone. However, they did not place the screenshots from the phone on record, and neither did they send the mobile handset to the forensic expert.
The court observed that the prosecution failed to prove that the accused had any physical intimacy or love affair with the victim and had any grudge against the victim.
The prosecution then presented a beer bottle which the victim had allegedly purchased and hit the victim.
The court said that the CCTV footage could have been the best evidence to prove that the accused had purchased the bottle, but it was missing.
The court concluded that circumstances on which the prosecution relied upon do not firmly establish that the 37-year old accused committed the crime.