The Bombay high court on Friday dismissed a petition challenging the appointment of Special Public Prosecutor Ujjwal Nikam to represent the state in the abduction and murder of a 10-year-old boy in Kolhapur three years ago.
The Bombay high court on Friday dismissed a petition challenging the appointment of Special Public Prosecutor Ujjwal Nikam to represent the state in the abduction and murder of a 10-year-old boy in Kolhapur three years ago.
A division bench of Justice Ranjit More and Justice Anuj Prabhudessai refused to accept the contention of accused Yogesh, alias Charu Ananda Chandne that Nikam's appointment was based on prejudice and that there was no public interest served in it.
When the court asked Yogesh's lawyer to prove how the decision to rope in Nikam was a show of bias against the alleged killer, the counsel failed to produce any evidence.
The state government had on June 21, 2013 appointed Nikam, an eminent lawyer who had represented the state during the trial of 26/11 attacker Ajmal Kasab, considering that the kidnapping and subsequent murder of a child was a sensitive issue with social ramifications.
According to the prosecution, 23-year-old Yogesh abducted Darshan Rohit Shah, a boy from his neighbourhood, in 2012 and demanded a ransom of 25 tola gold. The police said Yogesh committed the crime as he was unemployed and heavily in debt. A day after Darshan went missing, his body was found in a well 100 metres from his home.
Following his arrest, charges under section 302, (murder), 364-A (kidnapping) and 201 (destruction of evidence) of the Indian Penal Code were framed against Yogesh on December 7, 2013. The prosecution says it has clinching evidence against the accused.
The HC further relied on a judgment of the Supreme Court in a similar plea to rule against Yogesh. It has directed the trial court to expedite the hearing and wrap up the proceedings by end of this month.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}