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Malegoan case: ATS files secondary evidence

This move of the ATS has come after the Bombay High Court had asked the Sessions court to expedite the matter and just to avoid the delay, the ATS has pleaded the court to allow the agency to use the confessional statements as the evidence.

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The Anti Terrorism squad (ATS), on Thursday has filed an affidavit before the special court presided over by judge SD Tekale, pleading the court to allow the prosecution to lead with the secondary evidence, in the wake of some documents in the Malegaon 2008 blast case going missing.

The agency has relied on the confessional statement of three accused in the case. Special NIA prosecutor Avinash Rasal said, “The papers in this case have traveled to various courts and thus there are certain important documents which have been missing from the file. Thus, to fill those gaps, the agency has pleaded the court to allow them to use the confessional statements of three accused which was recorded under section 164 CrPC. The ATS in its affidavit has mentioned that it is ready to show the court the track record of the confessional statement, so that it informs the court that proper procedures were followed while recording the statements.”

This move of the ATS has come after the Bombay High Court had asked the Sessions court to expedite the matter and just to avoid the delay, the ATS has pleaded the court to allow the agency to use the confessional statements as the evidence.

Meanwhile, accused Sankaracharya (Sudhakar) Dwivedi has filed for his bail on the grounds of merits of the case. The prosecution is yet to file its reply on the same. 

According to the prosecution, Lt Col Prasad Purohit had carried out a blast in Malegaon with 11 others, killing seven people. 

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