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A 45-year-old taxi driver, Rajesh Yadav, has been acquitted after an 18-year-long legal battle in an assault case. He claimed that in 2007, a fight broke out between a passenger and a fellow taxi driver outside Churchgate railway station. Seeing the scuffle, Yadav decided to intervene and helped resolve the issue, but the driver took to his heels. Yadav was, however, wrongly identified as the assailant and subsequently arrested by the police. According to him, the real accused was someone with a similar name — Rajendra Yadav.

Following the registration of the FIR, Yadav, a Colaba resident, was forced to sell his taxi to raise money for legal expenses. He told mid-day that he spent two nights in Arthur Road Jail and one night in custody at the Marine Drive police station. Over the course of 18 years, he attended more than 80 court hearings.

Yadav recounted, “On April 24, 2007, I was waiting for a customer outside Churchgate railway station when a fight broke out between a passenger and a taxi driver. I went there to find out what had happened and tried to mediate. The passenger was bleeding, and around 10-12 taxi drivers and other people were present. As I was trying to intervene, the taxi driver involved in the altercation fled, and the passenger mistook me for him and took me to the police station.”

Colaba resident Rajesh Yadav and Advocate Sunil Pandey (right) outside the Esplanade Court in Fort yesterday. Pic/Sayyed Sameer Abedi

He continued, “The passenger had read the name on the taxi driver’s badge and reported it to the police. The Marine Drive police arrested me and registered an FIR. I told them my name was Rajesh Yadav, not Rajendra Yadav, but they still arrested me. I spent an entire night in police custody. I was in deep distress. The next morning, my cousin paid Rs 10,000 for my bail and Rs 7000 to an advocate.”

On January 16, 2008, the Marine Drive police filed a charge sheet against Yadav. He was required to visit the police station twice a month to sign the accused register. Over 18 years, he spent nearly Rs 3 lakh fighting the case. “Several years ago, I missed one court hearing, and a warrant was issued. I was re-arrested and spent two more days in Arthur Road Jail before being released on bail again. Because of the FIR, I had to sell my taxi and take up odd jobs. No one wanted to hire me as a driver due to the criminal charges against me,” he said.

“Because I had to attend hearings twice a month, I frequently had to take time off from work, which caused me to lose several jobs. I even had to send my wife and three children to our village because I couldn’t afford to run the household. I began living in a shared room in Colaba,” Yadav added. Eventually, Yadav met Advocate Sunil Pandey, who took up his case and helped him secure an acquittal.

‘Miscarriage of justice’

Advocate Pandey told mid-day, “When I studied Yadav’s case, I found numerous loopholes. He had been framed. I submitted all necessary documents to the court, including his ration card, Aadhaar card, and taxi badge. There were 10-12 people at the scene, but no eyewitnesses were ever identified. The incident occurred in front of Churchgate station, but the police failed to provide any CCTV footage. My client was wrongly implicated.”

He added, “The applicant was falsely accused. He was simply trying to break up the fight and was dragged into the case due to mistaken identity. The actual perpetrator’s identity was never disclosed. Despite the seriousness of the case, the prosecution failed to produce eyewitnesses, conduct a proper panchanama, or even bring forward the investigating officer. Much of the evidence was misplaced, and the complainant, who was a politician, could not even correctly identify the accused. The trial proceeded under the name Rajendra Yadav, while my client was Rajesh Yadav. This was a grave miscarriage of justice.”

Reflecting on his ordeal, Yadav said, “After 18 years, I finally feel tension-free. I lived in fear all these years, worried the police might arrest me again. I am truly grateful to Advocate Sunil Pandey for helping me get justice.” According to Pandey, “The 64th Court at the Esplanade Magistrate Court granted acquittal to Yadav on June 16. The verdict was delivered by Hemant Umakant Joshi, judicial magistrate, first class.”