Advocate Asif Patel Secures Acquittal of Fourth Accused as Mumbai Court Frees Four in 2019 Gang Rape Case

Court Cites Broken Chain of Evidence, Procedural Lapses and Lack of Reliable Proof

Mumbai: In a significant judgment, a Mumbai sessions court has acquitted four men accused in the 2019 gang rape case of a mentally challenged woman, citing serious shortcomings in the prosecution’s case. One of the key accused was defended by Advocate Asif Patel, who successfully argued that the evidence placed on record was unreliable and procedurally flawed.

The court observed that the prosecution failed to establish guilt beyond reasonable doubt, pointing to lapses in forensic handling, inconsistencies in witness statements and violations of mandatory safeguards required in cases involving survivors with intellectual disabilities.

Advocate Asif Patel’s Defence Highlighted by Court

The fourth accused, represented by Advocate Asif Patel, was acquitted after the court accepted the defence’s submission that the investigation suffered from a “broken chain of custody” of forensic evidence. The defence also raised serious concerns about possible contamination and manipulation of samples, which the prosecution failed to satisfactorily rebut.

The court took note of the defence argument that essential legal procedures were not followed while recording the survivor’s statement, including the absence of a special educator or interpreter, as mandated under law.

Forensic and Medical Evidence Under Scrutiny

While the prosecution claimed that DNA evidence matched two of the accused, the defence pointed out gaps and unexplained delays in seizure and handling of samples. The court remarked that the possibility of evidence manipulation could not be ruled out.

Medical evidence, the court noted, did not conclusively support the prosecution’s theory of gang rape, with the judge observing that the case was built on what was described as “unreliable evidence” and “serious investigative lapses.”

Missing Witness and Inconsistencies Weaken Case

The prosecution’s inability to examine a crucial witness further weakened its case. The court also noted inconsistencies regarding the survivor’s movements before and after the alleged incident, which raised doubts about the prosecution’s narrative.

Court Acknowledges Gravity but Upholds Legal Standards

While acquitting the accused, the court made it clear that the seriousness of the allegations was not being undermined. However, it reiterated that conviction in criminal cases must rest on credible, consistent and legally obtained evidence.

Legal Significance

Legal observers say the verdict highlights the critical role of effective defence advocacy and reinforces the principle that investigative agencies must strictly adhere to legal procedures, especially in cases involving vulnerable individuals.

Authorities have not yet announced whether an appeal against the acquittal will be filed.