Central Bureau of Investigation (CBI).
Credit: PTI Photo
Mumbai: The CBI has accepted the acquittal of all the 22 accused in the 2005 alleged fake encounter case of gangster Sohrabuddin Shaikh and his aide Tulsiram Prajapati and won't file an appeal against the 2018 verdict by a special court, the Bombay High Court was told on Wednesday.
The special court had acquitted all the accused in December 2018, noting that the prosecution had failed to establish a cogent case to suggest that there had been any conspiracy to kill Shaikh and others, and the role of the accused.
Shaikh's brothers, Rubabuddin and Nayabuddin Shaikh, challenged the acquittal verdict in April 2019.
Sohrabuddin was killed in November 2006 in an alleged encounter near Ahmedabad by the Gujarat Police. His wife, Kausar Bi, was also allegedly killed.
In December 2006, Tulsiram Prajapati, suspected to be a key witness, was killed in another alleged encounter.
The Supreme Court transferred the probe to the Central Bureau of Investigation (CBI). The trial was subsequently shifted to Mumbai.
On Wednesday, a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad heard the appeal filed by Shaikh's brothers.
Representing CBI, Additional Solicitor General Anil Singh told the bench that the agency would not be filing any appeal against the (special court's) judgement.
"We (CBI) have accepted the acquittal judgment," Singh told the bench.
The appellants claimed that the trial was flawed. They alleged that some witnesses had claimed that their testimonies were not accurately recorded by the trial court.
The appeal sought quashing of the verdict delivered by the special court and re-trial of the case.
The bench directed the brothers to submit a chart of the witnesses whose statements were not recorded accurately as per their claim and posted the matter for hearing on October 15.
While acquitting the 22 accused, the special court cited insufficient evidence and the prosecution's failure to prove its case beyond a reasonable doubt.
The court stated that the CBI had failed to prove any nexus between (police) officers and local politicians.