Team  SoOLEGAL

SOHRABUDDIN CASE UPDATE: BROTHER OF THE DECEASED FILES APPEAL BEFORE BOMBAY HIGH COURT SEEKING QUASHING OF ORDER OF SPECIAL CBI COURT OR DIRECTION FOR RE-TRIAL

Team SoOLEGAL 19 Apr 2019 2:31pm

SOHRABUDDIN CASE UPDATE: BROTHER OF THE DECEASED FILES APPEAL BEFORE BOMBAY HIGH COURT SEEKING QUASHING OF ORDER OF SPECIAL CBI COURT OR DIRECTION FOR RE-TRIAL

The Special CBI Court had passed a judgment in December 2018 acquitting all the accused persons, 22 in number. The brother of the deceased Sohrabuddin Shaikh, Rubabuddin Shaikh has filed an appeal against such judgment dated 21 December 2018. In the appeal, the appellant has sought quashing of the said judgment or directions of a re-trial.

It is mentioned in the appeal that the appellant has become a victim under Section 2(wa) of the Code of Criminal Procedure, 1973. This is because it is him who has suffered grave loss of his brother and sister-in-law. Thus, he is entitled to file an appeal. Also, it is alleged in the appeal that the acquittal of the accused was in contradiction to the evidence which were produced.

Justice Sharma said:

"It is no doubt a matter of regret that there is a reported killing of Sohrabuddin and Tulsiram and it is going unpunished. Also, Kausar Bi, wife of Sohrabuddin disappeared and the script of the CBI's investigation that she was killed and set ablaze is lacking of evidence and is also going unpunished. However, just for the sake of record the accused cannot be punished holding them guilty on moral or suspicion grounds. I have therefore no options to conclude that the accused are not guilty and are to be acquitted"

In totality, 210 witnesses were put to examination. Out of these, 92 turned hostile. The fact that the prosecution made no efforts for summoning the magistrates before whom the 'hostile witnesses has also been questioned.

The appeal, in conclusion, sought quashing and setting aside of the judgment of the Special CBI Court or directions for re trial under Section 386(a) of CrPC, 1973.

Tagged: Bombay High Court   Special CBI Court   Justice Sharma   Section 386(a)   Code of Criminal Procedure  
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