A special CBI court hearing the Sheena Bora murder case Monday deferred the cross-examination of the first prosecution witness till accused-turned-approver Shyamvar Rai deposes in the case. The first witness, Ganesh Dalvi, a police sub-inspector with Khar police station, had been examined by the CBI on July 4. The defence advocates of accused Indrani Mukerjea, Sanjeev Khanna and Peter Mukerjea filed an application stating that Rai should depose as an approver before they begin cross-examining Dalvi.
However, the court will examine the second witness on the next hearing on July 28. On Monday, CBI counsel Kavita Patil submitted that the investigating agency objected to the defence plea stating that it would delay the trial and affect its continuity and that it would be prejudicial to the prosecution.
Advocate Shrikant Shivade, representing Peter, submitted that when Rai deposes, he would be required to be confronted with statement made by him before the police, including Dalvi. Shivade submitted that Rai would then have to be confronted on the contradictions and omissions, if any. “Those contradictions and omissions will again have to be put to the PW 1 (Dalvi) during his cross-examination,” Shivade said.
Patil said the accused can recall Dalvi if required instead of deferring his “cross-examination at this stage”. Advocate Ayaz Khan, representing Indrani, submitted that it would further delay the trial to recall witnesses after Rai’s deposition.
Special Judge J C Jagdale allowed the application filed by the defence advocates observing that the CBI had not been able to prove how deferring the cross-examination would cause prejudice to the prosecution.