Tuesday, Oct 16, 2018 | Last Update : 04:42 AM IST
The other two policemen, Vhanmane and Khot, were present when Yunus was allegedly assaulted.
Mumbai: The prosecution in the 2003 Khwaja Yunus custodial death case on Thursday filed an application before the trial court, seeking to arraign four policemen — retired encounter specialist Prafulla Bhosale, Hemant Desai, Rajaram Vhanmane and Ashok Khot — as accused in the case.
Special public prosecutor Dhiraj Mirajkar, along with Chetan Mali, moved the application before sessions judge V.S. Padalkar, requesting the court to issue summons to the four police officers asking them to appear before the court and answer to charges in the case.
The prosecution made the application under section 319 of the CrPC, which gives power to proceed against other persons appearing to be guilty of an offence. As per the Act, in the course of any inquiry into, or trial of, an offence, if it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed.
The application is based on the fact that key witness, Dr Abdul Mateen, in his testimony on May 2, 2017 and on January 17, 2018 named these four policemen. Dr Mateen told the court, “On January 6, 2003, when Yunus and me (Dr Mateen) were in police custody, Yunus was made to sit with his hands bound behind his back, stripped down to his underwear and hit with a belt.”
Thereafter, Yunus was slapped and two police officers present in the room i.e. Bhosale and Desai, kicked him in the chest and abdomen due to which he vomited blood and collapsed, according to Dr Mateen. The other two policemen, Vhanmane and Khot, were present when Yunus was allegedly assaulted.