Sheena Bora case: HC tells CBI court to give Shyamvar Rai's confessional statement to all co-accused

The Bombay High Court on Thursday directed the Special Central Bureau of Investigation (CBI) court to give the confessional statement recorded before a magistrate by accused-turned-approver Shyamvar Rai, to all co-accused in the case.

Justice Sadhana Jadhav while directing the CBI court said, “It is a statutory duty of the prosecution to provide all the evidence which it is relying on to the accused, help them defend." The court gave this direction while allowing a petition filed by accused Sanjeev Khanna who had sought for the confessional statement.

The court while setting aside the order of the CBI court rejecting Khanna’s application noted, “Prosecution is in a case and people are not prosecuted. The sessions court while rejecting the plea noted that prosecution is not relying on the confessional statement at the present moment. This contention was incorrect as the trial is yet to commence.”

CBI advocate Poornima Kantharia said that the investigation is still in progress, so the statement would be released as soon as the investigation is complete. Sanjeev Khanna’s advocate Hrishikesh Mundargi at the same time argued that the prosecution cannot hold back the statements and it's their right under Section 207 of the Evidence Act to get the statement.

On April 24, 2012, Indrani Mukerjea allegedly strangulated and murdered her daughter Sheena Bora along with driver Shyamwar Rai and her ex-husband Sanjeev Khanna. They were arrested in August last year while Peter Mukerjea, Indrani’s husband was arrested in November, 2015 on charges of murder, abduction and destruction of evidence. Rai was made an approver in the case on June 20, 2016 and has been granted pardon on certain terms and conditions.