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Model Divya Pahuja, who has been in jail for nearly seven years in connection with the alleged fake encounter of gangster Sandeep Gadoli by Haryana Police officials, has written to the court, seeking to plea bargain for her release. In her two-page handwritten plea submitted to the court during a hearing earlier this month, Pahuja has said that she wants to accept the guilt of having passed on information to police about Gadoli, in order to save her family as he had threatened to kidnap her father and then minor sister.
Five police personnel are booked under charges of murdering Gadoli in an alleged fake encounter on February 6, 2016, at a hotel near the Chhatrapati Shivaji Maharaj International Airport. The Mumbai Police has also booked Pahuja who was accompanying the gangster, claiming that she had passed on the whereabouts of Gadoli to Haryana Police officials through her mother Sonia, who is also an accused in the case. Pahuja and her mother are also facing charges of murder and criminal conspiracy.
Pahuja’s plea states that she has been in Byculla women’s jail since July 26, 2016, and the case has seen the examination of only one witness so far. “I have spent six years and five months in judicial custody. I was only 18 years eight days at the time of the arrest,” said her plea, adding that Gadoli was an absconding accused and a wanted criminal with over 43 offences against him.
Pahuja claimed that Gadoli had threatened to kidnap her father and sister when she refused to meet him. “Under pressure of saving my family from the ordeal, I agreed to cooperate with the Haryana Police to get Sandeep Gadoli arrested. The series of events which took place on February 7, 2016, I was kept in the dark and was unaware of the malafide intentions of the other co-accused,” her plea said, adding that the first witness, who has deposed, was the one who introduced Gadoli to her and it was clear that she did not have any motive to meet him. Pahuja said that there was no evidence that any call was made between her and the co-accused, or they had transferred money to her account. “I hereby plead guilty of passing on information of the deceased to the Haryana Police in order to save my family and myself. Therefore, I request you for plea bargaining or granting me bail keeping the duration of my incarceration in mind. I agree to abide by all conditions to be imposed by this court,” the plea said, adding that her father, who is disabled and suffers from ailments, has no support apart from her.
The court has directed the prosecution to submit its reply to her plea, which is likely to be heard this week. The law provides for plea bargaining where an accused can plead guilty for a lesser sentence, but it is not applicable in cases where the punishment exceeds seven years. The court earlier this month had also allowed for witness deposition of a doctor, who had conducted the postmortem of Gadoli, to be deferred. The plea filed by lawyers Prakash Shetty and Rohin Chauhan, representing one of the accused, said that other witnesses including eyewitnesses must be examined first.
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