{"id":53686,"date":"2018-12-21T16:29:03","date_gmt":"2018-12-21T10:59:03","guid":{"rendered":"https:\/\/apnlive.com\/?p=53686"},"modified":"2018-12-21T17:22:36","modified_gmt":"2018-12-21T11:52:36","slug":"sohrabuddin-shaikh-encounter-case-court-acquits-all-accused-citing-lack-of-evidence","status":"publish","type":"post","link":"https:\/\/apnlive.com\/india-news\/sohrabuddin-shaikh-encounter-case-court-acquits-all-accused-citing-lack-of-evidence\/","title":{"rendered":"Sohrabuddin Shaikh encounter case: Court acquits all accused citing lack of evidence"},"content":{"rendered":"

The special CBI court in Mumbai hearing the encounter killing case of Sohrabuddin Shaikh, his wife Kausar Bi and his aide Tulsiram Prajapati in 2005 and 2006, today (Friday, Dec 21) acquitted all 22 accused, citing lack of proof.<\/p>\n

The case had drawn much attention as BJP chief Amit Shah<\/a> was also an accused in the case but was discharged later. The case and Shah was also referred to as the reason behind the \u2018mysterious\u2019 death of Judge BH Loya, who was handling the case, as well as deaths of retired judge Prakash Thombre and advocate Shrikant Khandalkar who were supposedly his confidantes. It was alleged that Judge Loya was under pressure to give a judgment favourable to Shah.<\/p>\n

A report on news portal \u2018thecitizen.in\u2019 said: \u201cLoyla\u2019s (sic) death followed his appointment as the Judge of the CBI trial court. His predecessor had been transferred as he pulled up Shah for not appearing before the court. Loyla did the same and now three years after he died, his family has raised a number of questions that constitute the Caravan story. Significantly, Loyla\u2019s successor MB Gosavi was more accommodating and he discharged Shah agreeing with the argument that he had been framed by the CBI, and was not involved.\u201d<\/p>\n

As for suspicions about Judge Loya\u2019s death, the Supreme Court ruled there was nothing suspicious about Loya\u2019s death and there is no need for investigation.<\/p>\n

Today, in its verdict on Sohrabuddin Shaikh encounter case, the court said the CBI could not establish that policemen abducted Sohrabuddin from Hyderabad, brought them to Valsad and kept them in illegal confinement. Reading its order the CBI court said, \u201cGovernment machinery and prosecution put in a lot of effort, 210 witnesses were brought but satisfactory evidence didn\u2019t come and witnesses turned hostile. No fault of the prosecutor if witnesses don\u2019t speak.\u201d<\/p>\n

Sohrabuddin Sheikh, an alleged gangster, was killed in an alleged fake encounter in 2005 by the Gujarat Police. His wife was allegedly raped and killed three days later. Shaikh\u2019s aide Tulsiram Prajapati was the sole witness to the murders. He was in police custody after the incident but was shot dead in another encounter in December 2006, when the police claimed he was trying to escape.<\/p>\n

There were 22 accused policemen and others in the case who have been facing trial. Out of the 210 witnesses brought in by the prosecution, 92 have been declared hostile.<\/p>\n

\u201cCBI prosecution tried its best to prove the case, but unfortunately the evidence, even after three chargesheets were not substantial enough to prove the allegations beyond doubt\u2026 Despite three investigations, the evidence is lacking.\u201d<\/p>\n

\u201cThe prosecution had only three important witnesses to establish its claim about the abduction of Shaikh and Kausar Bi from the bus[, but they] had turned hostile. Besides that, they had no evidence to prove their case,\u201d the judge said.<\/p>\n

\u201cTulsiram Prajapati\u2019s abduction story could not be proved. The CBI in its third chargesheet had claimed that he was the third person travelling with Shaikh and Kausar Bi on the bus from Hyderabad to Sangli. However, the material evidence and witnesses in the court have established that he was not on the bus. He was arrested from Bhilwara directly on November 26, 2005,\u201d the judge said.<\/p>\n

The court said the allegation that Tulsiram Prajapati was murdered through a conspiracy is not true. CBI could not establish that Ashish Pandya was called by Vanzara for killing Tulsiram Prajapati in an encounter, according to the court.<\/p>\n

The court also expressed sorrow at its inability to convict anyone and said, \u201cI feel extremely sorry for the family of Sohrabuddin Shaikh, and Tulsiram Prajapati, especially his mother Narmadabai. But the evidence before me could not establish the roles of any person accused in the case\u2026[there is] no material evidence to prove any charges against the accused.\u201d<\/p>\n

The court also rejected applications of two crucial witnesses seeking re-examination, saying they were not tenable. The witnesses had alleged that they were threatened by the accused on the day their statements were recorded and hence they could only manage to give a partial statement. Interestingly, lawyers of both witnesses were not present today, reported TheWire.<\/p>\n