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Bombay High Court Upholds Acquittal in 2005 Fake Encounter Case
The court said prosecutors failed to prove a conspiracy beyond reasonable doubt after 92 of 210 witnesses turned hostile.
On Thursday, the Bombay High Court upheld the 2018 acquittal of 22 individuals, including 21 police officers, in the alleged staged encounter killings of Sohrabuddin Sheikh, his wife Kausar Bi, and aide Tulsiram Prajapati.
Special court judge S J Sharma acquitted the accused in December 2018, finding the Central Bureau of Investigation failed to establish a conspiracy and conducted the probe with a "premeditated theory and a script intended to somehow implicate political leaders."
Out of 210 witnesses examined during trial, 92 were declared hostile; Judge Sharma observed these witnesses spoke "truth" before the court while the Central Bureau of Investigation had wrongly recorded their statements.
The High Court dismissed appeals filed by brothers Rubabuddin Sheikh and Nayabuddin Sheikh, while the Central Bureau of Investigation confirmed it had "accepted" the 2018 verdict and would not appeal.
Earlier in the case, the special court discharged 16 other accused, including Union Home Minister Amit Shah, after citing insufficient evidence to prove their involvement in the alleged 2005 and 2006 encounters.