Sheena Bora case: Sanjeev Khanna to get copy of Shyamwar Rai’s statement

The Bombay high court on Thursday allowed an application filed by Sanjeev Khanna, an accused in sensational Sheena Bora murder case, and directed a CBI court to provide a copy of confessional statement of Shyamwar Rai co-accused turned approver to all the three accused in the case.

Rai, former driver of Indrani Mukerjea, is recently made approver in the Sheena Bora murder case following which Khanna through his lawyer Shreyans Mithare filed an application in the trial court demanding a copy of Rai’s statement recorded under section 164 of CrPC on November 6, 2015. The CBI court had refused to give him a copy of the statement and hence Khanna moved the high court seeking a direction to CBI court to provide him copy of the confession, which could be used against other accused as evidence.

During the hearing of this application Justice Sadhna Jadhav had sought a reply from the CBI. In its reply, the CBI informed that it had no knowledge of the contents of the statement recorded under section 164 of CrPC because it was in a sealed envelope and hence it was not marked in the index (of the chargesheet). According to the CBI, the sealed envelope was given to the court directly by the investigating agency.

The judge observed that the procedure adopted by the investigating agency could not be justified in any manner. The judge noted that supplementary chargesheet was filed on February 16, this year but the envelope containing confessional statement was not a part of it.

Justice Jadhav also said that there is no reason for the investigating agency or the court to withhold the statement, as the prosecution would be relying upon the said statement, which is recorded on oath at the time of trial.

“Every accused would have a right to be apprised of every material on the basis of which he is to face serious charges,” said the judge. He further added, “A statutory right is accrued upon the accused to have material on the basis of which he is to be prosecuted. In fact, it is the prosecution of an accused and not persecution of an accused person and, therefore the legislature has mandated that the court ‘shall’ give a copy of the confessions and statements, if any, recorded under section 164 of CrPC.”

The judge allowing the plea directed the trial court to provide a copy of Rai’s statement to all co-accused.