A sessions court in Godhra, Gujarat, has ordered the registration of an FIR against three policemen and two others, including a cow vigilante, for allegedly fabricating a false case against two men accused of transporting cattle for slaughter.
The court also directed departmental proceedings against the officers under Section 248 of the Bharatiya Nyaya Sanhita, equivalent to Section 211 of the IPC, which pertains to false charges intended to harm.
Additionally, the acquitted men were allowed to pursue compensation claims.
Additional Sessions Judge Parvezahemad Malaviya acquitted Ilyas Daval, a cattle trader, and Nazir Malek, a truck driver, citing the prosecution's failure to provide evidence of the alleged illegal transport for slaughter. The court condemned the police and gau rakshak witnesses for filing a false complaint based on mere suspicion and criticised the lack of proper investigation.
The case dates back to July 31, 2020, when the police intercepted Malek and Daval near Vasapur village, seizing their vehicle, which carried a buffalo, a calf, and a jersey cow. The animals were tied with short ropes and lacked food or water, leading to their arrest under the Gujarat Animal Preservation Act and the Animal Cruelty Act.
The accused claimed the cattle were legally purchased for dairying purposes, but they were detained for 10 days on unfounded allegations.
The court highlighted the unreliable testimony of a gau rakshak witness, Margesh Soni, who frequently appeared in similar cases and was called from outside the locality, violating protocol. Dismissing Soni’s credibility, the court labelled him a "stock witness," emphasising that such testimonies undermine the integrity of judicial proceedings.
The court ordered FIRs against the implicated police officers and witnesses while directing the Superintendent of Police, Panchmahal, to take disciplinary action and submit a compliance report. It also mandated the immediate return of the confiscated cattle to Daval, warning that failure to do so within 30 days would result in the State compensating ₹80,000 with 9% annual interest, recoverable from the shelter home, police officers, and witnesses involved.
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