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Railway Protection Force (RPF) constable Chetansinh Chaudhary, 33, refused to give consent to undergo three scientific tests (brain mapping, narco-analysis, polygraph tests), following which the Borivali magistrate court rejected Borivali Railway Police’s application on Friday. The court also sent the accused constable into judicial custody.
Government Railway Police (GRP) had on Tuesday moved an application before the Borivali magistrate court seeking permission to perform three scientific analysis tests on Chaudhary, who allegedly killed his senior officer and three Muslim passengers on Jaipur-Mumbai Central Superfast Express on July 31.
GRP claimed that Singh did not cooperate in the investigation and was trying to dodge it. Hence, his scientific tests would yield information that would help police ascertain his motive behind the crime, collect strong evidence and build a watertight case.
Results of these tests cannot be used as direct evidence against the accused in court, but investigators can use the extracted information to give directions to investigation and collect evidence, a police source said.
The defence counsel, Amit Mishra, opposed the police’s application for permission for Singh’s scientific tests. “The GRP had produced before the court the written consent of Chaudhary; however, when the court asked him, he said he had not consented. Chaudhary then submitted the same in writing to the court,” said Mishra.
After this, the court rejected the police plea. When the court asked Chaudhary if he had any complaints, he replied that he was being mentally harrassed by police, said Mishra.
The court did not allow general public, lawyers and journalist to attend the court proceeding citing security reasons.
Chaudhary has been booked on charges of murder, promoting enmity between two communities, and kidnapping. He was lodged in Thane central jail for the night.
Police are not disclosing the motive behind my father’s murder: Deceased’s son
Hussain Bhanpurwala, 36, son of Abdul Kadir Bhanpurwala, who was among the four who were allegedly shot dead by RPF constable Chetansinh Chaudhary, says that GRP officials have still not disclosed the intention of the accused RPF man behind the crime.
“We have not been told the accused man’s motive or progress details of the investigation. As the victim’s son, I have the right to know what investigation is being done,” said Hussain, who lives in Sharjah and came to India after his father was shot dead. “My father was travelling alone while some relatives were in other coaches. He was standing at the door to get off at Borivali when he was allegedly shot by the constable. I felt more harassed when GRP personnel asked me questions like — why my father was standing at the door, and if he had issues or enemies. This was very insensitive,” Hussain said.
“On Friday, police did not allow me to attend court proceedings. Nobody is sharing details of the probe with us. We need justice,” Hussain said.
Hussain has deputed his lawyer as an intervenor in the case to assist the prosecution and ensure there are no lapses from the prosecution.
RPF wants to quiz Chetansinh
After Chetansinh was sent to judicial custody, RPF officials sought permission from the court to quiz Chetansinh in connection with the independent department inquiry being carried out by RPF, which intends to identify whether there were any departmental lapses. The court has reserved the decision for a later date and sought Borivali GRP’s say on the matter.
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