Framed and freed: Siblings acquitted after eight-year legal battle in Mumbai

Anmol and Priyanka on their bike

Anmol Vijaykant Mishra, 27, and his sister Priyanka, 31, who were framed by the Colaba police in 2016 have now been acquitted in the case after 8 years of legal battle. On June 22, 2016, the siblings approached Colaba police station to register an FIR after their bike was stolen. However, when the cops refused to register the FIR, an argument ensued between the cops and the siblings, and the cops accused them of riding a bike without a helmet and manhandling the cops. Anmol is a professional photographer, and his sister Priyanka is a manager at a private firm, both are residents of Vashi. The siblings who had lost their parents were forced to leave the rental flat in the Colaba area after the arrest.

How cops framed them

Priyanka told mid-day, "We purchased a new bike in 2015, and it was stolen in 2016. I sent my brother to the Colaba police station to file the FIR. My brother informed me that I had to come to register the complaint as I was the owner. I went to the police station. However, the cops laughed at us, saying that we, as college-going siblings, had come to register an FIR. The cops were only willing to register a missing complaint. An argument ensued between the cops and us, and the duty officer threatened to register an FIR against us."

Anmol Mishra

"Cops filed a false FIR, claiming that Anmol was riding without a helmet, did not show his license, and was stopped by the cops. They also alleged that I arrived at the scene, snatched the RC book and PUC from the cops, and manhandled them. The cops registered the FIR under IPC sections 353, 34 and arrested both of us. Later, we secured bail after being brought to court," Priyanka added. The cops filed the chargesheet on 26 December 2016.

Arguments

The case for acquittal was presented before S N Patil, Additional Sessions Judge at City Civil & Sessions Court. Judge Patil noted that witness Narendra Kumar Mistry had a history of serving as a panch witness at Colaba police station. While PSI Mahadev Redekar acknowledged collecting the PUC and RC book from the accused, PSI Yashwant Borse admitted in cross-examination that he hadn't seized the RC book. Although CCTV cameras were installed at the incident spot, Borse failed to collect the footage. Additionally, no independent witnesses were examined to strengthen the prosecution's case. PSI Mahadev Redekar admitted to a target for fines and acknowledged the presence of common people but didn't seize the bike. The reliability of the prosecution witnesses' evidence was questioned. After considering the arguments, the judge ordered that the siblings be acquitted. Their bail bonds were to be released.

Advocate speaks

Advocate Sunil Pandey

The siblings sought the help of advocate Sunil Pandey, who fought their case without charging them anything. Advocate Sunil Pandey said, "They were falsely implicated in the case and are victims. If the cops caught Anmol without a helmet, why didn't they seize the bike related to this incident? Where is the bike now? The cops claimed to have found the RC book and PUC, but did not provide any records. The witness, Narendra Kumar, is a habitual witness in many cases. How was he present at the same spot during the incident?" "The cops claimed that the incident was captured on CCTV cameras in the crowded area of Colaba market, but they did not submit any CCTV footage or provide any witness from the spot. The entire incident was fabricated by the cops to frame them. There was no assault or criminal force in this incident," Pandey added.