The CBI today said it was contemplating moving the Supreme Court in the Sheena Bora murder case challenging the Bombay High Court order which said that the policeman, who questioned accused-turned-approver Shyamvar Rai, was not an independent witness.
“We are yet to get the certified copy of the order from the Bombay High Court and we will decide whether to move the apex court,” special public prosecutor Kavita Patil told a special CBI court here conducting trial in the murder case.
Special Judge J C Jagale later adjourned the case till June 22.
On May 3, the Bombay High Court had said that the deposition of police sub inspector Ganesh Dalvi– giving details of disclosures made by Rai (on Sheena’s murder) during his interrogation in an arms case– cannot be admitted as evidence.
Indrani and Peter Mukerjea had moved the high court challenging the evidential value of the deposition of the PSI who had quizzed Rai, Indrani’s former driver, after his arrest by the suburban Khar police in 2014. Rai was arrested for illegal possession of fire arms.
Earlier in February, the first witness in the murder case– Dalvi– had deposed in the court.
However, the recording of his evidence could not be completed as the defence raised an objection.
Dalvi had arrested Rai in the arms case. It was his arrest that blew the lid off the murder case.
However, the defence lawyers had objected to Dalvi’s deposition in the Sheena murder case.
Later, the defence lawyers moved the Bombay High Court which too ruled that deposition of Dalvi giving details of disclosures made by Rai during his interrogation about Sheena murder case cannot be admitted as evidence.
Patil told the court that the law point which “we are examining is that Patil arrested Rai in connection with the arms case and it was during that case when Rai revealed about the Sheena Bora murder”.
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.
Meanwhile key accused Indrani 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.
Key accused Indrani, her husband Peter and Sanjeev Khanna have been accused of conspiracy and murder of Sheena, Indrani’s daughter from an earlier relationship.
While Sheena was killed on April 24, 2012, the case came to light only in 2015 after Rai was arrested in the arms case.
Rai was also arrested in the murder case but he turned an approver last year. His statement was recorded before a magistrate under section 164 of the Criminal Procedure Code (which is admissible in court).
All the three accused – Peter, Indrani and Sanjeev – are in judicial custody.