In its July 1 judgment, the court observed that the prosecution's case was that Sussairaj called Grover at her home by telephoning him on the night of May 6, 2008.
A sessions court, which absolved Kannada actress Maria Sussairaj and her boyfriend Emile Jerome from the charges of conspiracy and murder in the Neeraj Grover case, has said it was the slain TV executive who called Sussairaj on her cellphone and not vice versa.
In its July 1 judgment, the court observed that the prosecution's case was that Sussairaj called Grover at her home by telephoning him on the night of May 6, 2008. But the call detail report showed it was Grover who called Sussairaj on her mobile. So the call record is contrary to the prosecution's case.
In a copy of the order, released to the media today, the court noted that the theory of criminal conspiracy, put forward by the prosecution only on the basis of call details between Sussairaj and Jerome on May 6, 2008, fails to hold.
"Had there been plan to eliminate deceased Neeraj, in pursuance to criminal conspiracy between the Maria and Jerome, then why Jerome would have called on the mobile of Neeraj," observed judge MW Chandwani.
"Therefore, I find substance in the arguments of defence advocates that Sussairaj had no motive for murder of Grover and there was no conspiracy between Sussairaj and Jerome."
The court observed in its 177-page order that the prosecution's case was that Jerome was a navy officer and that he suddenly flew to Mumbai without obtaining leave from naval base at Kochi, where he was posted.
It was very easy to come with preparation of murder by bringing weapon with himself but it is not the prosecution's case that Jerome had visited Mumbai with preparation or with any weapon of assault to eliminate Grover, it said.
The court held that as per the prosecution, after the murder Susairaj went to Hypercity mall for buying a big knife and a bag for disposing Neeraj's body and also borrowed a car.
"These circumstances itself go contrary to the theory of conspiracy. Had there been a conspiracy, the accused would have prepared the entire thing in advance."
The most important circumstance which goes against the theory of prosecution regarding conspiracy is the weapon of assault, a knife. According to prosecution, a kitchen knife was used to kill the 25-year-old TV professional.
"I am unable to digest that theory of conspiracy. If it is a pre-planned murder then the accused would not have used kitchen knife. Jerome, then serving in navy, could have easily arranged the weapon of assault to give definite design to conspiracy," the judge remarked.
The court held that it has been brought on record that Susairaj had visited Mumbai in April 2008. From the record, it appears that the friendship of Maria and Grover was only of 10 days old. If, according to prosecution, Grover was trying for a role in TV serial for Susairaj then why in the passage of only a week or fortnight, Susairaj should get frustrated when usually it takes considerable time to get a role in TV serials.
"A very important aspect of the case is that the prosecution has not brought anything on record to show the grudge of Maria over Neeraj, rather prosecution came with a case of intimacy between Maria and Neeraj."
The judge said that Susairaj's advocate had brought on record the press conference of police officer Rakesh Maria in which he had stated that the case was a triangular love story.
"The theory of conspiracy of prosecution has failed. Therefore, looking into the circumstance and the weapon of assault, the theory of motive brought out by the prosecution does not seem to be probable."
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