The officer of Rajasthan police, who is accused of firing two rounds at Sohrabuddin Shaikh, on Tuesday denied any role and categorically stated that he has not filed the FIR and didn't shoot Sohrabuddin dead.
Senior Inspector Abdul Rehman, who was then an Inspector of the Pratapnagar police station in Gujarat, said that he is not connected with the killings of Sohrabuddin Shaikh and Tulsiram Prajapati.
"The prosecution's charges are false. They don't incriminate the accused even remotely," advocate Wahab Khan, who is representing Rehman, told Additional Sessions Judge S J Sharma, who presides over a special CBI court.
"It is the duty of the prosecution. And they should have found out where it was prepared. Was it difficult to find out as to who dictated, who typed, who initiallised and who signed the report. This primary burden has not been discharged (by the CBI)," Khan said, adding that the police officer's handwriting samples were also not taken.
"The officers (of CBI) took the case too lightly," he added.
Khan also said that the two witnesses— both of whom turned hostile— tell that they have seen three persons from Rajasthan police.
"However, there is no mention whether they are A-7 (Abdul Rehman), A-8 (Himanshu Singh Rajawat) and A-9 (Shyam Singh)," he said.
"Descriptions and names are not given. The case is based on surmises, conjectures, presumptions and assumptions. This is not the way investigations are done," he said.
On the issue of firing, Khan said three empties were found, however, from which weapon had not been established.
"The investigative machinery had not been able to connect the bullets with the weapon," he said.
Khan also pointed out that as far as the Tulsiram Prajapati's encounter case is concerned, no role has been attributed to Rehman, as far as the abduction and encounter was concerned.
"Some circumstances say that he (Rehman) has escorted Tulsiram (from Rajasthan to Gujarat and back) on two (earlier) occasions and had brought him safely," he added.
As far as attempt to plant a cellphone on Tulsiram, the jailor has testified that it was not possible.
On a visit to Ujjain, it has been established that it was for an official duty, he said.
Meanwhile, representing Rajawat and Singh, both also from Rajasthan, advocate Mihir Gheewalla said that the CBI has charged them for the murder of Sohrabuddin.
"They have no role in preparation for abduction, wrongful confinement, death of Kausar Bi and Tulsiram," he said, adding that there is nothing on record to prove that they had travelled to Gujarat.
"There is no material evidence, no eye-witnesses, no logs, no registers to prove that they were in Gujarat," he said, adding that there is no documents on record that states that weapons were assigned to them.
"Whenever a weapon is assigned to an officer, a register is maintained," he added.
According to the CBI case, Sohrabuddin, his wife Kausar Bi and Tulsiram, were abducted when they were on way in a luxury bus from Hyderabad to Sangli.
Sohrabuddin was taken to Gujarat and was shot dead on November 26, 2005, between Ahmedabad and Gandhinagar.
Kausar Bi was taken to Illol in Banaskantha district where she was raped, murdered, cremated and the ashes were thrown in a river.
Tulsiram was taken to Udaipur and arrested in a criminal case on November 25, 2005.
