The Bombay High Court today directed a CBI court trying the Sheena Bora murder case to furnish a copy of confession given by Shyamwar Rai, former driver of prime accused Indrani Mukherjea, to the co-accused Sanjeev Khanna.
Rai, was the first accused to be arrested in the case in August 2015, taking the lid off the murder, after he was picked up in connection with an arms case.
The trial court recently allowed Rai to turn approver in the case and become a prosecution witness.
Khanna, former husband of Indrani, had sought a copy of Rai’s statement recorded under section 164 of Criminal Procedure Code (CrPC) by a Magistrate last year.
He approached the High Court through lawyer Shreyans Mithare after the sessions court rejected his application seeking the same.
Khanna’s petition came up today before Justice Sadhana Jadhv who observed that an accused has a right under section 207 of CrPc to get a copy of confession given by co-accused.
Accordingly, Jadhav asked the CBI court to furnish a copy of Rai’s confession to Khanna.
Advocate Mithare argued that the accused had a right to get a copy of the confession given by a co-accused and urged the High Court to direct the CBI court to give the copy.
Apart from Khanna and Rai, key accused Indrani and her husband and former media baron Peter Mukerjea are also in custody for their involvement in the alleged murder of Indrani’s daughter Sheena Bora.
According to the prosecution, Sheena was murdered on April 24, 2012, but the crime came to light after the arrest of Rai in another case.
Last year, Rai had recorded his confessional statement before the Magistrate under the provisions of section 164, which unlike the police statement, is admissible in the trial.
Indrani Mukerjea, Khanna and Rai had allegedly strangled Sheena (24), Indrani’s daughter from an earlier relationship, inside a car in April 2012.
Sheena’s body was found in a forest in Raigad. The crime, which came to light in August last year, is allegedly linked to certain financial dealings.
The trio was arrested in August last year, while Peter Mukerjea was arrested in November. According to CBI, Peter was part of the murder conspiracy.
While Peter and Khanna are lodged in Central prison at Arthur Road, 43-year-old Indrani is in Byculla women’s jail in the city.