Mumbai: An accused in the 2006 Malegaon bomb blast case on Saturday filed an application before the designated MCOCA court seeking discharge from the case in the wake of the latest chargesheet filed by National investigation agency (NIA).
Accused Dr.Farogh Iqbal Ahmed Makhdumi, in his application pointed out various contradictions in the chargesheet filed by the earlier investigating agencies ATS, CBI and the NIA which had finally probed the case.
In his application, the accused contended the court that, he was falsely implicated in the case and the confession statement which is being used as vital piece of evidence against him is disbelieved by the NIA which reached on the conclusion that, the said confession was obtained under duress and the same were not the voluntarily made statement of the accused .
The court was told that, "The supplementary charge sheet filed by the investigation agency NIA prima facie disclosed that the statements of all the witnesses recorded by ATS under section 161 of Cr.pc and under 164 of Cr.pc were obtained by compelling the witnesses under threat, duress, coercion and compulsion, which is totally false evidence collected by ATS to implicate the present applicants"
The court was also told that, "at the stage of discharge i.e. under section 227 of Cr.PC, the Learned Judge has to apply his Judicial mind to the material adduced in the charge sheet, can never be taken as gospel truth and if two views are possible, the view favoring the accused should be adopted and if no sufficient grounds for proceeding against the accused are found, the accused should be discharged."
It was also submitted that, "the fundamental rule of evidence is that the material which cannot be translated into evidence, at trial stage, cannot be considered and looked into, at the stage of granting bail or discharging accused person".
The appellant also urged, "The settled position of the law is that, the hearsay evidence is inadmissible under the law, and further the statement recorded under section 162 of Cr. PC and 25 and 26 of Evidence Act, is neither admissible against maker, nor against any other co-accused."
The application was filed by Adv Shahid Nadeem Ansari on behalf of the accused through Jamiat Ulama-e-Maharashtra, an NGO providing free legal aid to the accused.
"The only remaining accused Dr. Salman Farsi, who is on bail, is also likely to file similar plea shortly", said, Adv Ansari .
Interestingly, accused Dr Farogh, unlike earlier filed discharge applications, did not demand in his discharge application any action against erring officers or asked for any compensation from the government.
Designated judge Y D shinde after perusing the plea adjourned the further hearing till 29th August.
Comments
| Quick linksNews
National
International
Regional
Politics
Education & Career
Business
Science & Technology
Health
Views & Analysis
The Funny Side
© 2012 Awaz Multimedia & Publications. All rights reserved.
Government defends move to amend RTI Act, activists furiousThe government Friday defended its decision to amend the RTI Act to keep political parties out of its ambit, saying they would not be able to function if the CIC order was implemented. The step however drew..... More
Also Read: Cabinet approves keeping parties out of RTI ambit
Ample evidence to prove existence of Indian MujahideenThirteen Muslim youth, mostly from the Students Islamic Movement of India (SIMI), were falsely implicated in the 2006 Mumbai train blasts. About half-a-dozen SIMI activists were ....... More
If the hon'ble judge had visited the building he could have found that the building has only one exit which was manned by police and there was no possibility to escape by jumping. In such case the accused either had to be caught or had to be shot. The escape theory put up by the police does .... More
"If this activity is going on in Punjab's prisons, it's a very dangerous thing and has implications for our national security. A number of Pakistani prisoners and those linked with the ISI (Inter-Services Intelligence) are lodged in these prisoners. Though the social networking sites, these prisoners can link to their ..... More
