Mumbai, May 29 A court here on Friday acquitted a woman in a 37-year-old attempted murder case after observing that the victim's statements were self-contradictory.
Accused Surekha Salvi, who was charged under sections 307 (attempt to murder) and 506 (ii) (criminal intimidation) of Indian Penal Code, was tried in absentia after absconding and being declared a proclaimed offender.
As per the prosecution, in the incident that took place in 1989 in a slum area of Bandra in the western part of Mumbai, Salvi and co-accused Ramesh Jadhav confronted Rekha Bhosale for allegedly discussing their affairs in public.
The duo poured kerosene on Bhosale, and Salvi threw a lighted matchstick, engulfing the victim in flames, the prosecution said.
However, the prosecution's case faltered after conflicting testimonies from the victim herself.
Additional sessions judge Amit Laulkar noted that the victim gave two starkly different accounts of the night.
In her initial statement to the police, made while conscious and medically fit shortly after the incident, the victim claimed she had poured kerosene on herself in an attempt to commit suicide.
However, eight days later, allegedly at the insistence of her mother, the victim provided a second statement, accusing Salvi and Jadhav of setting her on fire, the order said.
The court pointed out several lapses in the investigation and a lack of corroborating evidence that led to acquittal.
The court underscored that the victim's statements were "self contradictory". It also said there is no other eyewitness to the incident.
Thus, the sole testimony of the informant does not inspire confidence, the judge said.
The court emphasised it is well settled that conviction can be based upon such sole testimony provided it is trustworthy.
In the present case, the informant's version deviates on many counts and, thus, it is hard to rely solely on her testimony, the judge said.