associate sponsors

Havells
HDFC

Sheena Bora murder case: CBI likely to move SC to challenge Bombay HC order on cop's statement

Mumbai: The CBI on Monday said it was contemplating moving the Supreme Court in the Sheena Bora murder case challenging the Bombay High Court order which said that the policeman, who questioned accused-turned-approver Shyamvar Rai, was not an independent witness.

"We are yet to get the certified copy of the order from the Bombay High Court and we will decide whether to move the apex court," special public prosecutor Kavita Patil told a special CBI court here conducting trial in the murder case.

Special Judge JC Jagale later adjourned the case till 22 June.

On 3 May, the Bombay High Court had said that the deposition of police sub inspector Ganesh Dalvi — giving details of disclosures made by Rai (on Sheena's murder) during his interrogation in an arms case — cannot be admitted as evidence.

Indrani and Peter Mukerjea had moved the high court challenging the evidential value of the deposition of the PSI who had quizzed Rai, Indrani's former driver, after his arrest by the suburban Khar police in 2014. Rai was arrested for illegal possession of firearms.

File image of Sheena Bora. PTI.

File image of Sheena Bora. PTI.

Earlier in February, the first witness in the murder case — Dalvi — had deposed in the court.

However, the recording of his evidence could not be completed as the defence raised an objection.

Dalvi had arrested Rai in the arms case. It was his arrest that blew the lid off the murder case.

However, the defence lawyers had objected to Dalvi's deposition in the Sheena murder case.

Later, the defence lawyers moved the Bombay High Court which too ruled that deposition of Dalvi giving details of disclosures made by Rai during his interrogation about Sheena murder case cannot be admitted as evidence.

Patil told the court that the law point which "we are examining is that Patil arrested Rai in connection with the arms case and it was during that case when Rai revealed about the Sheena Bora murder".

The prosecutor told the court that any statement given to police during the course of the investigation is inadmissible.

"However Rai when revealed about the murder, Sheena case was not even registered and hence it should be considered as only an information given by the accused," Patil said.

Meanwhile, key accused Indrani moved the court seeking permission to sign some cheques saying that the jail authorities were prolonging this process.

The cheques were to be issued in favour of her lawyers, her daughter with another husband beside some bearer cheques.

Prosecutor Patil raised objection to the signing of self-drawn cheques for withdrawal of money and said that it should not be allowed as witnesses are yet to depose in the case.

Key accused Indrani, her husband Peter and Sanjeev Khanna have been accused of conspiracy and murder of Sheena, Indrani's daughter from an earlier relationship.

While Sheena was killed on 24 April 2012, the case came to light only in 2015 after Rai was arrested in the arms case.

Rai was also arrested in the murder case but he turned an approver last year. His statement was recorded before a magistrate under section 164 of the Criminal Procedure Code (which is admissible in court).

All the three accused — Peter, Indrani and Sanjeev — are in judicial custody.


Updated Date: Jun 12, 2017 17:22 PM

Also Watch

Social Media Star: Abhishek Bachchan, Varun Grover reveal how they handle selfies, trolls and broccoli
  • Monday, July 16, 2018 It's a Wrap: Soorma star Diljit Dosanjh and Hockey legend Sandeep Singh in conversation with Parul Sharma
  • Monday, July 16, 2018 Watch: Dalit man in Uttar Pradesh defies decades of prejudice by taking out baraat in Thakur-dominated Nizampur village
  • Monday, July 16, 2018 India's water crisis: After govt apathy, Odisha farmer carves out 3-km canal from hills to tackle scarcity in village
  • Sunday, July 15, 2018 Maurizio Sarri, named as new Chelsea manager, is owner Roman Abramovich's latest gamble in quest for 'perfect football'

Also See