Mumbai, Mar 26 (TOI): In a remarkable and rare instance of filial duty, a man waged a pitched court battle to clear the name of his deceased father convicted 18 years ago in a criminal case. Because of Ganesh Jagtap’s efforts, the Bombay high court has posthumously acquitted his father, Balasaheb, who had been held guilty of assaulting an MSRTC conductor and handed out a three-month jail term. The senior Jagtap, a Maharashtra State Electricity Board employee, died in 2004.

Justice Prakash Naik said there was no evidence and there were doubts about the case due to a previous dispute between Jagtap and the complainant. This was supported by medical evidence that the injuries suffered by the complainant could also have resulted from a fall from the bus.

“In light of animosity between the complainant and the accused, and the contradiction in the evidence, a doubt is created… The trial court ought not have convicted the accused for the offence (of causing hurt),” said Justice Naik.

The incident dates back to November 21, 1998. According to the case against him, Jagtap confronted the conductor at the state transport bus stand at Satara about a complaint he had lodged against him. Jagtap allegedly hit him with his fist, which led to bleeding from the head. A trial court convicted Jagtap in 2000; the verdict was upheld by the sessions court in 2004.
Jagtap died while the case was pending in the sessions court. His son, as his legal heir, was allowed to carry forward the petition.

In the high court, the prosecution pointed out that both subordinate courts had upheld the conviction. Advocates Dilip Bodake and Umesh Yadav, counsels for Jagtap, pointed to contradictions in the case. They said there was no independent eyewitness despite the fact that the incident occurred at a public place. Further, as per the medical report, the injury was caused by a hard and blunt object and there was the possibility the complainant could have injured himself due to a fall from the bus. A fist blow could have resulted in tenderness, which was not visible in the case. The defence also pointed out that the conductor had been dismissed from service after he was caught misappropriating money charged for tickets from passengers.

The court said there was no proof of assault or that it was done to deter the complainant from discharging his official duties. The court acquitted Jagtap and directed that if any fine was collected from him, it should be refunded to his family.