MUMBAI: In a setback to BJP leader Kirit Somaiya’s family, a sessions court on Thursday acquitted Shiv Sena (UBT) Rajya Sabha MP Sanjay Raut in a criminal defamation case filed by Somaiya’s wife, Medha Somaiya, and set aside his 15-day jail sentence imposed by a magistrate last year.
Additional sessions judge Mahesh Jadhav overturned the September 26, 2025 order of a Mazgaon magistrate court that had convicted Raut under section 500 of the Indian Penal Code for criminal defamation and directed him to pay ₹25,000 as compensation to the complainant.
The case stemmed from statements Raut made at a press conference on April 15, 2022, in which he alleged a ₹100 crore scam in the construction of public toilets in the Mira-Bhayander Municipal Corporation (MBMC) area. Raut had claimed that Yuvak Pratishthan- an NGO linked to the Somaiya family- had committed financial irregularities in civic contracts and illegally cut mangroves to construct toilets using public funds.
Medha Somaiya, a former TISS researcher and lecturer, filed a criminal complaint alleging that Raut’s statements were baseless, malicious and intended to tarnish her and her husband’s reputation.
However, the sessions court found that the complainant failed to establish that Raut was directly responsible for the allegedly defamatory newspaper articles and media reports. The court noted that three newspaper reports and two short television clips (of 10 and 28 seconds) were produced as evidence, but the mediapersons could not confirm whether the clips were edited.
“In absence of the full version of the interview, merely by picking particular answers without proving the questions and background, it cannot be held that the accused spoke with malice,” the court observed.
The judge also held that as executive editor of Saamana, Raut could not be automatically held liable for every news item published. Citing a Supreme Court ruling under the Press and Registration of Books Act, 1867, the court said liability for published content rests primarily with the editor.
Defence witness Rajesh Powale, editor of Saamana, testified that he had edited and verified the report based on a letter by MLA Pratap Sarnaik and a report submitted by the MBMC commissioner. The sessions court said the magistrate had failed to properly consider this evidence.
The court further noted that some of the complainant’s own witnesses admitted during cross-examination that their opinion of Medha Somaiya remained unchanged despite the allegations.
It also criticised the trial court for placing excessive reliance on Raut’s statement under section 313 of the The Code of Criminal Procedure (CrPC), clarifying that such a statement is meant to allow the accused to explain circumstances against him and cannot form the sole basis of conviction.
Holding that the complainant’s case “must stand on its own legs”, the sessions court ruled that interference with the magistrate’s judgment was warranted and acquitted Raut.