Sheena Bora: Rai’s bid to turn approver can prove crucial

If the special court allows Indrani Mukerjea’s former driver and co-accused Shyamvar Rai’s application to become an approver in the sensational Sheena Bora murder case, this could bring a twist in the trial.

The prosecution case is that Rai was involved in the commission of murder. As per law an accused could be made an approver in any case if there is no direct evidence in the case and if this accused if made an approver can reveal all facts and involvement and roles of all the other accused involved in the offence.

However, it is up to court to decide whether to allow application of accused to turn approver or not and his statement could be accepted if prosecution terms it to be true. CBI is likely to file its reply on May 17 on whether they want Rai to become an approver or not.

In any case, if an accused turns approver and gives statement under section 164 of Code of Criminal Procedure (CrPC) then his statement could be used as an evidence during trial and this statement could be considered by court at every stage of trial including at the time of deciding bail application of other accused.

The special judge H.S. Mahajan verified from Rai if he wanted to become an approver voluntarily or he was under any duress. After being satisfied that Rai wanted to become an approver voluntarily, the judge asked CBI to file its reply on his application.

During this entire court proceedings prime accused Indrani, her lawyer Gunjan Mangala, her husband Peter Mukerjea, his lawyer Mihir Gheewala and her former husband Sanjeev Khanna and his lawyer Shreyansh Mithare were also present in the court and were listening carefully to what Rai was saying.

Their lawyers, however, are of the view that even if Rai’s application to become an approver is accepted, their case would not be affected.

According to advocate Gheewala, the CBI’s chargesheet is silent about any role played by his client Peter and CBI has never said that Peter communicated with him at any time.

Sanjeev Khanna’s lawyer Mr Mithare was also of the view that Rai becoming an approver would not affect their case because Khanna was not involved in the case.

Indrani’s lawyer Mahesh Jethmalani did not wish to comment anything before going through Rai’s statement.