In fresh trouble for encounter specialist Pradeep Sharma, the Bombay high court on Friday issued a bailable warrant against him after admitting appeals challenging his acquittal in a fake encounter case of Ramnarayan Gupta alias Lakkhan bhaiyya alleged aide of Chhota Rajan, who was killed in 2006.
A division bench of justices PV Hardas and Anuja Prabhudessai admitted the appeals filed by the state government and advocate Ramprasad Gupta, Ramnarayan's brother, challenging Sharma's acquittal by the trial court in July 2013.
As per the law, once an appeal against acquittal is admitted, a bailable warrant is issued under section 390 of the Criminal Procedure Code. The accused then has to surrender before the trial court which later releases him on bail.
In July 2013, the sessions court has acquitted Sharma, observing that there is no direct or circumstantial evidence to show his involvement in the case. According to the sessions court, the prosecution evidence against Sharma was "weak" to come to the conclusion that he had led the police team.
The sessions had, however, convicted 21 persons including 13 police men and sentenced them to life imprisonment on charges of murder.
Ram Prasad Gupta, lakkhan bhaiyya's brother, immediately filed an appeal in the HC saying: "The sessions court order acquitting Sharma is erroneous under law. There is evidence against Sharma." After query by the HC, the state had filed its appeal challenging Sharma's acquittal.
Gupta's appeal states that the sessions judge has not given reason for stating that the prosecution case against Sharma was weak. "Right from the constable to the ACP, 11 witnesses have said in their statement that they were working Sharma and under his instructions. How can the judge disbelieve 11 witnesses?" asked Gupta in his appeal.
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