'Photos with victim strong evidence': Mumbai court rejects accused lifeguard's discharge plea in 2021 medical student murder case

MUMBAI: In a detailed order rejecting the discharge plea of 32-year-old Mithu Singh, a lifeguard accused of the 2021 murder of medical student Swadichcha Sane, a sessions court has said that there is specific material with the prosecution to proceed against the accused.
The court said that the prosecution had evidence to show that soon before the victim went missing, she was seen in the company of the accused."The mobile phone of the applicant (Singh) revealed his photographs with the victim late in the night at 3.41 am. This itself is strong circumstance which goes against the applicant.
Though there is no otherwise direct evidence at this stage, it cannot be said that there is no material at all," the judge said.
The judge further said that eyewitnesses had confirmed the victim's presence at the spot from afternoon till late night on the fateful day. "The mobile phone of the victim is missing, her other belongings are also missing. There is nothing to assume that the victim might have committed suicide. The initial conduct of the accused is not beyond suspicion. He seems to have smartly diverted the investigation by showing calls by him to victim on next day," the judge said.
The judge further said that Singh admittedly worked at the beach as a lifeguard, therefore he knew the depth of water and nature of sea near the seashore. "The possibility of his causing disappearance of body of victim and her belongings cannot be ruled out," the judge said.
The judge also iterated that it was a settled position of law that tracing the victim's body was not a prerequisite for trial. "The last seen theory of prosecution is duly supported by the oral as well as documentary evidence. Rather, at this stage, there is no dispute about the victim last seen with the accused…I am of the view that there is sufficient ground to proceed against the applicant. Therefore, prosecution deserves a fair opportunity to prove the allegations against applicant/accused," the judge said.
Sane was allegedly murdered at Bandra Bandstand on Nov 29, 2021. Subsequently, the crime branch submitted a chargesheet against Singh attributing the motive to her refusal to have sex with him. The police said the duo got into a scuffle and either he pushed her or she fell on the rocks fatally. The body is yet to be found. Sane went missing on November 29, 2021, and based on her father's complaint the police registered a missing complaint in Boisar and later transferred it to the Bandra police station. The crime branch took over the investigation and registered a case of murder.
Opposing Singh's plea, public prosecutor Ashwini Raykar submitted that if he is discharged from the case the victim and her family would be deprived of justice.