Mumbai Court Acquits Woman After 13 Years in Sister’s Death Case, Brother’s Testimony Crucial

A Borivali magistrate court has acquitted a woman, Parul Khurana, of charges related to the death of her elder sister, Gunjan, in a 2012 road accident. The verdict, delivered after 13 years, hinged on the testimony of their brother, who corroborated Parul’s account of the incident. The court ruled that it was improbable for a brother to falsely depose to save one sister at the expense of another who had died.

Information was available with The Chenab Times that the accident occurred on the evening of October 14, 2012, on the Western Express Highway in Mumbai. The siblings, Parul and Gunjan, along with their brother, were traveling in a car. The police had alleged that Parul was driving negligently, leading to the accident where Gunjan sustained fatal injuries. The prosecution claimed that Parul’s rash and negligent driving caused her sister’s death.

However, Parul maintained that it was Gunjan who was driving the car at the time of the incident. Her defense, supported by her brother’s testimony, stated that the car lost control after being hit by a BEST bus. The brother’s crucial statement to the court affirmed that Gunjan was at the wheel and that the accident was a result of being struck by a bus. He testified that if Parul had been at fault, he would not have lied to protect her, especially when his other sister had died.

The court, presided over by judicial magistrate A M Mujawar, accepted the brother’s testimony as credible. The magistrate’s order, passed on March 27 and released this week, noted that a person of ordinary prudence would not depose falsely to save a sister when another sister had died due to negligence. This belief in the brother’s sincerity was instrumental in acquitting Parul.

Further inconsistencies in the police investigation also contributed to the acquittal. The police had stated that the car collided head-on with an electric pole. However, photographs presented in court showed damage predominantly on the left side and rear of the vehicle. The court pointed out that the investigating officer had not inquired about the involvement of a BEST bus, despite evidence suggesting its presence. This lack of thorough investigation into a potential contributing factor, such as the bus, raised questions about the completeness of the police inquiry.

The case highlights the challenges in establishing fault in accident cases, especially when eyewitness accounts are absent or contested. The brother’s unwavering testimony played a pivotal role in exonerating his sister, emphasizing the importance of familial bonds and trust in legal proceedings. The acquittal brings a close to a lengthy legal battle that has spanned over a decade, providing closure to the family involved.

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