Weeks after the Bombay High Court said the investigating officer’s disclosures about driver Shyamvar Rai in Sheena Bora murder trial cannot be made admissible, the Central Bureau of Investigation (CBI) told the court that they are yet to receive a copy of the order.
Next hearing on June 22
Special Public Prosecutor Kavita Patil, appearing for the agency, said they are yet to receive the certified copy of the order and that only once they receive it they will eventually decide whether they want to challenge the order in Supreme Court. Following which, the special Judge J.C. Jagale adjourned the hearing to June 22. The Bench of Justice Sadhana Jadhav was hearing pleas filed by Peter and Indrani Mukerjea objecting to police inspector of Khar police station Ganesh Dalvi’s deposition before the city civil and sessions court.
Mr. Dalvi had arrested Rai for illegal possession of firearms. However, after he was remanded in custody, Rai ended up revealing details of Bora’s murder and led Dalvi to the body. Rai later turned approver for the police.
On February 24, Mr. Dalvi deposed before the special Central Bureau of Investigation court. He narrated to the court how Ms. Mukerjea’s driver, Rai, was arrested with a pistol and was taken in police custody in 2015. When he was about to talk about the statements Rai gave to the police as an accused in the case, the defence raised an objection.
Lawyers appearing for the accused said Rai gave his statement to the investigative agency so it cannot be admissible at this stage. The prosecutor told the court that any statement given to police during the course of 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.
Justice Sadhna Jadhav allowed the application and said Mr. Dalvi could not be considered as an independent witness and directed that the trial must resume.
In June 2016, Rai sought pardon as an accused and was made an approver in the case. However, as per his statements recorded by CBI Ms. Mukerjea made him choose a place to bury Sheena’s body and gave all the details of how she plotted the murder.
Indrani moves court
Meanwhile, key accused Ms. Mukerjea 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 besides some bearer cheques.
Prosecutor Patil raised objection to 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. Ms. Mukerjea, her husband Peter and Sanjeev Khanna have been accused of conspiracy and murder of Sheena, Ms. Mukerjea’s daughter from an earlier relationship.
While Sheena was killed on April 24, 2012, the case came to light in 2015 after Rai was arrested. His statement was recorded before a magistrate under Section 164 of the Criminal Procedure Code.
