Mumbai: The Central Bureau of Investigation (CBI) has accepted the acquittal of all 22 accused in the alleged 2005 fake encounter case of gangster Sohrabuddin Sheikh and his associate Tulsiram Prajapati and will not file an appeal against the 2018 verdict of the special court. This information was given to the Mumbai High Court on Wednesday.
The special court had acquitted all the accused in December 2018. The court found that the prosecution failed to establish any concrete case to prove that there was a conspiracy to kill Sheikh and others, and what the role of the accused was. Sheikh’s brothers Rubabuddin and Nayabuddin Sheikh had challenged the acquittal of the accused in April 2019.
Sohrabuddin was killed in an alleged encounter by Gujarat police near Ahmedabad in November 2006. His wife Kausar B was also allegedly murdered. Tulsiram Prajapati was suspected of being a key witness in the case. Prajapati was killed in another alleged encounter in December 2006.
The Supreme Court handed over the probe to the Central Bureau of Investigation (CBI). The case was later transferred to Mumbai. On Wednesday, a bench of Chief Justice Chandrashekhar and Justice Gautam Ankhad heard the appeal filed by Sheikh’s brothers.
Additional Solicitor General Anil Singh, representing the CBI, told the bench that the agency would not file any appeal against the (special court’s) verdict. “””We (CBI) have accepted the acquittal verdict,”” Singh told the bench.”
The appellants claimed that there were flaws in the trial. He alleged that some witnesses had claimed that the trial court did not record their testimony correctly. The appeal sought to quash the verdict given by the special court and re-hear the case.
The bench directed the brothers to submit a chart of witnesses whose statements were not accurately recorded as per their claim and adjourned the hearing of the case to October 15. The special court acquitted the 22 accused, citing insufficient evidence and the prosecution’s failure to prove its case beyond a reasonable doubt. The court said the CBI (police) has failed to prove any collusion between officials and local politicians.
