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Sohrabuddin encounter case: Bombay HC to conduct final hearing in December

Sohrabuddin Shaikh’s brothers had filed appeals challenging the acquittal of all 22 accused, including police officials, in his alleged fake encounter case.

SohrabuddinThe trial began in November 2017, and 210 witnesses were examined, of which 92 turned hostile.

The Bombay High Court will conduct the final hearing in December on appeals challenging the acquittal of all 22 accused booked in the alleged fake encounter of Sohrabuddin Shaikh. The appeals were filed by Shaikh’s brothers, Rubabuddin and Nayabuddin, in 2019, challenging the acquittal of the accused, including policemen, calling the trial “flawed”.

On Wednesday, a division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said that the appeals were pending since 2019, and four hearings were conducted in the past three years, but some of the acquitted accused had not appeared before it.

The court directed that the Central Bureau of Investigation (CBI), which conducted the probe in the case, serve the notices to those accused who are not appearing through their lawyers, through the officers in charge of the respective police stations. The case is likely to be heard on December 5.

On December 21, 2018, the special CBI court in Mumbai acquitted all 22 accused arrested for the alleged fake encounter killings of Sohrabuddin Shaikh and his associate Tulsiram Prajapati, along with the murder of Shaikh’s wife, Kauser Bi. The court had said that the prosecution had not been able to satisfactorily prove that the accused, including 21 serving and retired police personnel from Gujarat, Rajasthan and Andhra Pradesh, were guilty of conspiracy, murder and other charges. The court said that while the key eyewitnesses were the main foundation of the prosecution, they had turned hostile.

The trial began in November 2017, and 210 witnesses were examined, of which 92 turned hostile.

The case dates back to November 23, 2005, when Shaikh, a wanted criminal, wife Kauser Bi and aide Prajapati were allegedly abducted from a luxury bus on their way to Sangli in Maharashtra from Hyderabad. The CBI had claimed that while Shaikh and Kauser Bi were taken to Gujarat, Prajapati was shown to have been arrested from Bhilwara in Rajasthan on November 26, 2005. Subsequently, Shaikh was killed in an alleged fake encounter, and Prajapati too, a month later. Kauser Bi, the CBI had claimed during the trial, was also killed and her body disposed of.

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