Cop who quizzed approver not independent witness in Bora case: Bombay HC
The Bombay High Court on Wednesday said the deposition of a police inspector giving details of disclosures made by approver Shyamwar Rai during his interrogation in the Sheena Bora murder case, cannot be admitted as evidence.
Justice Sadhana Jadhav made the observation conceding to the arguments by key accused Indrani and Peter Mukerjea in the case, who have moved the court challenging the evidential value of the deposition of a police inspector who had quizzed Shyamwar Rai, Indrani's former driver, after his arrest by the suburban Khar police in 2014.
Justice Sadhana was hearing the Mukerjeas' plea.
Rai was arrested for illegal possession of fire arms.
But, during his custodial interrogation, he had ended up disclosing about Indrani's daughter Sheena Bora's murder too and led the police inspector to the spot in Raigad where the body was disposed of.
Rai later turned approver for the police last year and his statement was recorded before a magistrate under section 164 of the Criminal Procedure Code. According to Mukerjeas' plea, the prosecution can only rely on Rai's statement and not on what he has allegedly revealed to the police during his interrogation.
Indrani and Peter claimed that the testimony of Police Inspector Ganesh Dalvi was in violation of the law on admissibility of evidence.
Justice Jadhav agreed and said Dalvi cannot be considered as an independent witness.
The high court directed the trial court to resume the trial in case.
Prime accused Indrani Mukerjea, her husband Peter and her ex-husband Sanjeev Khanna are facing trial for the murder of Sheena in April 2012.