A Gujarat court on Tuesday directed the registration of a first information report against five persons, including three police officers and a “cow protector”, for allegedly attempting to falsely implicate two men of transporting cattle for slaughter, PTI reported.
Additional Sessions Judge Parvezahemad Malaviya of the court in Godhra also acquitted the two men, identified as cattle owner Ilyas Daval and driver Nazir Malek. The court noted that the prosecution was not able to produce “a bit of evidence” to show that the two men were transporting animals for slaughter.
Malaviya directed that a case be filed against Head Constables Ramesh Narvatsinh and Sankarsinh Sajjansinh, Sub-Inspector MS Munia, and panch witnesses Margesh Soni and Darshan Soni under Section 248 of the Bharatiya Nyaya Sanhita for “instituting false criminal proceedings”.
A panch witness is a person who is called to witness and verify proceedings, such as a police investigation. Section 248 pertains to a false charge of offence made with intent to injure.
In July 2022, Malek and Daval were accused of transporting a buffalo, a buffalo calf and a jersey cow for slaughter, PTI reported. An FIR was filed against them under the Gujarat Animal Preservation Amendment Act, the Prevention of Cruelty to Animals Act, the Motor Vehicles Act and the Gujarat Police Act.
As per the FIR, the two men were intercepted on July 31, 2022, by two police officers near Vasapur village while they were transporting the animals, PTI reported. Malek and Daval failed to produce the necessary documents to prove that they had bought the cattle legally, it added.
Subsequently, the police called two panch witnesses while the animals and the vehicle were seized, according to the news agency.
On their part, Malek and Daval denied the allegations and claimed that the animals were being taken to a cattle fair. They noted that their vehicle was inspected at another check-post earlier that day and had been allowed to proceed, PTI reported.
In its order on Tuesday, the court said that Margesh Soni was a “gau rakshak”, or a cow protector, PTI reported. He had acted as a witness for the police in several similar cases, it added.
“Looking to the evidence of all the above police witnesses including the investigating officer, not a bit of evidence has been placed on record which proves that the animals were being transported for the purpose of slaughter,” the order said.
The prosecution had not been able to prove that Daval was in the vehicle when the animals were being transported, Malaviya noted.
The order also said that none of the witnesses in the matter deposed that the animals were being taken for slaughter. The investigating officer did not prove that there was a slaughterhouse nearby or that the accused persons owned such an establishment.
Apart from the FIRs against the five persons, the court also directed the superintendent of police to initiate departmental proceedings against the three officers.
Malaviya also said that Daval and Malek could initiate separate proceedings against the state government, the police officers and the witnesses for compensation.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!