Sohrabuddin Encounter Case: CBI Accepts Special Court Acquittal Of 22 Accused; HC Appeal Scheduled For October 15

Mumbai: The Central Bureau of Investigation (CBI) told the Bombay High Court on Wednesday that it has accepted the verdict by the special CBI court, Mumbai, acquitting all the 22 accused in the 2005 alleged fake encounter case of gangster Sohrabuddin Shaikh and his aide Tulsiram Prajapati. The central agency said it would not challenge the acquittal before the high court. 3

Acquittal Details

The special court, in December 2018, acquitted all the 22 accused in the case observing that the prosecution had failed to establish a cogent case to suggest that there had been any conspiracy to kill Sohrabuddin and the others, and that the present accused persons had any role in it.

Appeal by Family

Sohrabuddin’s brothers, Rubabuddin and Nayabuddin Shaikh, filed an appeal before the high court in April 2019 challenging the special court judgment.

Background of the Case

Sohrabuddin, alleged to be a gangster was killed in November 2006 in an encounter near Ahmedabad by the Gujarat police. His wife Kausar Bi was also allegedly killed. Later in December 2006, Prajapati, who was considered as a key eyewitness, was killed in another alleged encounter.

The Supreme Court then handed over the probe to the CBI and transferred the trial in the case to a special CBI court in Mumbai.

HC Hearing

On Wednesday, the appeal was heard by a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad.

During the hearing, Additional Solicitor General Anil Singh, representing the CBI, told the bench that the agency would not be filing any appeal against the judgement. “We (CBI) have accepted the acquittal judgment,” Singh told the court.

Claims by Family

The appeal filed by Sohrabuddin’s brothers claimed that the trial was flawed. It cited instances where witnesses later claimed that their testimonies were not accurately recorded by the trial court. “The witnesses have claimed their testimonies were not recorded as stated by them during the trial,” the advocate said.

The appeal sought for the judgment to be quashed and for a retrial in the case.

The court asked the advocate to submit a chart of the witnesses whose statements were not recorded accurately as per their claim. The HC kept the matter for hearing on October 15.

Also Watch:

Special Court Observation

On December 21, 2018 the special court acquitted all the 22 accused in the case citing insufficient evidence and prosecution's failure to prove its case beyond reasonable doubt. The court said that the CBI had failed to prove there existed any nexus between these officers and the local politicians, some of whom were also accused in the case.

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