While directing the CBI court, justice Sadhana Jadhav said, "It is a statutory duty of the prosecution to provide all evidence that it is relying on to the accused."
The Bombay High Court on Thursday directed the special Central Bureau of Investigation (CBI) court to give to all co-accused in the Sheena Bora murder case, the confessional statement recorded by accused-turned-approver Shyamvar Rai before a magistrate.
While directing the CBI court, justice Sadhana Jadhav said, "It is a statutory duty of the prosecution to provide all evidence that it is relying on to the accused." The court gave the direction while allowing the petition filed by accused Sanjeev Khanna, who has sought the confessional statement.
Setting aside the CBI court order that rejected Khanna's application, the court noted, "Prosecution is in a case, people are not prosecuted. The sessions court, while rejecting the plea, noted that the 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 the investigation was still in progress, so the statement would be released as soon as the investigation was complete. At the same time, Khanna's advocate Hrishikesh Mundargi argued that the prosecution could not hold back the statements and it was their right under section 207 of the Evidence Act to get the statement.
On April 24, 2012, Indrani Mukherjea allegedly strangulated and murdered her daughter Sheena Bora (24), with the help of her driver Shyamvar Rai and her ex-husband Khanna. They were arrested in August last year. Indrani's husband Peter Mukherjea 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.
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