Rabia had filed a petition against CBI's charge sheet which said the death of her daughter Jiah was due to suicide and not homicide.
The Bombay High Court on Thursday turned down an application filed by Rabia Khan seeking formation of a Special Investigation Team assisted by Federal Bureau of Investigation to probe if her daughter Jiah Khan was murdered by actor Sooraj Pancholi.
A division bench of Justice Ranjit More and Justice Anuja Prabhudessai while dismissing the plea observed that, “Central Bureau of Investigation has carried out fresh investigation from all the aspects. But Rabia can still persuade the trial court based on the material so produced by her, and that the charge sheet is not the end of the matter.”
Refusing to accept the new material produced by Rabia to support her claim that her daughter’s death was homicidal and not suicidal the bench said, “It is not as if the charge sheet filed would conclude the matter and whatever alleged discrepancies or materials, which petitioner has pointed out, would be shut out of the Court. She can still persuade the trial court for redressal of her grievances on the basis of the material produced on record before it.”
The court also directed the trial court to proceed with the trial against actor Sooraj Pancholi on charge of abetment, it said, "Allowing this investigation to be dragged without any fruitful purpose and transferring it from one agency to another and again to third one is unnecessarily prolonging not only the trial but also the trauma of the petitioner and the accused. Already more than three years had lapsed since the date of the incident and trial is yet to be opened."
Jiah was found hanging in her rented apartment at Juhu late night on June 3, 2013. A week later, her actor boyfriend Sooraj Pancholi was arrested for abetting her suicide but later released on bail. Since October that year, her mother Rabia has been contending that Jiah was killed.
The case was handed over to CBI by HC in July 2014, which filed a charge sheet in December 2015 on the same lines with Mumbai Police - that it was a case of suicide. Rabia had produced opinions from various independent medical/forensic experts to argue how Jiah's case was not of suicide but that of homicide. She had pointed out that the injury marks on Jiah's lips and one arm, coupled with the nature of the ligature marks on her neck showed a sign of struggle before being killed by someone. The CBI instead relied on statements by the doctors who conducted the post-mortem on Jiah's body as well as a few other witnesses to explain how it was a case of suicide and not homicide.
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