Bombay HC refuses to admit IO’s deposition

ACCUSED MUKERJEAS CLAIMED DEPOSITION OF INVESTIGATING OFFICER VIOLATED THE LAW ON ADMISSIBILITY OF EVIDENCE

:The Bombay high court on Wednesday held that the investigating officer’s deposition in the trial court on the disclosures made by driver Shyamvar Rai in the Sheena Bora murder case could not be admitted.

Justice Sadhna Jadhav allowed an application filed by Indrani and Peter Mukerjea, the accused in the case, and directed the trial court to resume hearing in the case. Peter and Indrani had approached the HC after the Central Bureau of Investigation (CBI) began to examine the police officer, who had first apprehended Indrani’s driver Shyamvar Rai.

Investigating officer Ganesh Dalvi had arrested Rai for illegal possession of firearms. But after he was remanded in custody, Rai revealed details of Sheena’s murder and led Dalvi to the body. Rai later turned approver for police.

During the trial in Sheena’s murder case, even before Rai could be examined, the prosecution began to question the Investigating Officer (IO) in the illegal arms case. Dalvi then began to talk of what Rai had revealed.

The Mukerjeas, however, objected to it. The trial court dismissed their plea, after which they approached the high court to challenge the order that allowed the police officer to give details of Rai’s confessions. They claimed it was in violation of law on admissibility of evidence, as Dalvi himself had recorded Rai’s statement while the latter was in his custody. Justice Jadhav agreed that under the circumstances, Dalvi could not be considered an independent witness.