Mumbai: The sessions court on Monday rejected the plea of the Bhandup police to prosecute a minor boy booked in connection with a murder of a local cricketer in June 2019. The court refused to prosecute the minor observing that he is not criminal minded and got involved in the murder because of his bad company, which he has already left.
The minor was booked in connection with the murder of local cricketer Rakesh Pawar along with two others namely Sohail Khan and Asif Khan. Pawar was stabbed to death on June 6, 2019 due to presonal enmity.
The court while refusing to prosecute the minor boy as an adult observed that, "Considering the nature of allegations made against CCL, his social investigation report, it appears that CCL has got himself involved in the incident due to the company of accused Sohail and Asif. Considering all these facts, I came to the conclusion that CCL is not criminal minded and got himself involved in this case due to the company of his friend."
This is how the murder unfolded:
As per the prosecution case, at around 12 am on June 6, 2019, three accused were standing near the petrol pump near Ambewadi, Bhandup. After a while, Pawar also went there. When Pawar reached the place Sohail and Asif first started abusing Pawar due to their previous enmity. Suddenly, Sohail stabbed Pawar, followed by Asif who also stabbed him. While the two attacked Pawar on the road, the minor accused held a knife in his hand to stop anyone from intervening in the fight. Meanwhile, due to injuries Pawar died on the spot and three escaped from the place.
The prosecution, while seeking to prosecute the minor as an adult, pleaded that though he was minor but he was of a sound mind and knew the consequences of his act.
After perusing the chargesheet, the court noted that, "Only allegations against present CCL is that he was having a knife in his hand and he was preventing other persons coming forward and by way of this act CCL has facilitated the motive of accused Sohail and Asif. It does not appear from the prosecution case that CCL was having any previous enmity with deceased or any personal grudge or motive for aiding accused Sohail and Asif in committing murder of deceased Rakesh Pawar."
Minor willing to continue his education: Court
The court referred his social investigation report which was submitted in November 2022. The court said that the accused was doing a marketing job and had no addiction. Also the court said, as per said report, CCL (Child with Conflicts of Law) is willing to continue his education. During the interaction by the Probation Officer, CCL was found silent and well behaved. He found involve in the criminal act, due to association with bad peers. After the incident, he got no friends and gave up his previous friends because of the incident.”
