While statement of sub-inspector Dalvi mentions Rai was arrested on August 21 from Khar, the first statement of Dalvi was filed only on August 25
Mumbai : Sanctity of the first statement recorded by sub-inspector of Mumbai Police, Ganesh Dalvi in Sheena Bora murder case is now under spotlight. As all the documentary evidences collected by the probe team under supervision of former Commissioner of Police, Rakesh Maria were again scrutinised by Mumbai Police, this time under leadership of Maria’s successor, Ahmad Javed, certain documents which are integral part of the case diary raises several questions about the way the probe was earlier conducted.
The first such document, a critical part of the case diary which will play a crucial role during trial of the case, a statement filed by Dalvi before Khar police on August 25 is now under scanner of his seniors. The document signed by Dalvi is counted as the first information formally filed since arrest of Indrani Mukerjea’s driver, Shamwar Pinturam Rai reportedly from Carter Road, Khar (West). While Dalvi’s written statement mentions prominently that Rai was nabbed while possessing a pistol with three live cartridges, surprisingly it does not mention any further detail including detail of the fire-arm, why Rai was carrying it, what was his intention of carrying a fire-arm with bullets, which are usually mentioned in such a statement recorded in a police station.
Dalvi’s statement immediately mentions Rai taking them to the crime scenes in Mumbai and Pen, the very next day of his arrest for possessing illegal pistol. “Why Rai was roaming around with live cartridges and pistol at Khar in broad daylight–why police is not giving any detail of that in this crucial piece of evidence,” said a retired senior police officer.
While Dalvi’s statement very vividly mentions about Sheena’s murder conspiracy including Khanna was booked at Hilltop Hotel in Worli and how body of the victim was ferried till the crime scene where it was allegedly dumped, no further mention of Rai’s motive of possessing a pistol was made. “This crucial statement which is as good as a FIR can be easily challenged by the defence lawyers. First thing, why the cops took four days to file FIR though Rai was arrested on 21st of August—without filing an FIR, how police initiated probe and gone to various sites of crime which is a vital point again can be challenged by the lawyers of the accused trio,” said Abha Singh, senior lawyer. “If an FIR is full of such mistakes, it can easily be quashed even in the High Court under provisions of section 482 of Criminal Procedure Code. Probe officers should be very careful while filing such documents,” Singh told Free Press Journal.
Additional Chief Secretary (Home), Kalyaneshwar P Bakshi talking to Free Press Journal on Tuesday, said, “the present Commissioner of Police has already gone through all the case papers, evidence gathered, whether more evidence to be recovered, further investigation is to be done, whether all the documentary evidence are in order. Necessary actions, if any, to strengthen the case will obviously be taken.” Dalvi could not be reached for his reaction and so is Ahmad Javed, Commissioner of Police.
Joydeep R Ray
