Botched probe leads to one more acquittal
Aman, convicted by Sewri Sessions Court in 2009 for a jewellery heist in Marol in 2006, has been acquitted by the High Court. This is the second acquittal in the case, with only one accused remaining convicted now.
In a judgement pronounced last week, Justice Abhay Thipsay of Bombay High Court overturned the conviction order handed over to one Arshad Shaikh. The court disbelieved almost all evidence against Shaikh and cited botched investigation as the reason behind the acquittal.
THE INCIDENT
A staffer, who had gone out for some work, returned during this time and started banging on the closed shutter. The accused panicked and started running, but a crowd had gathered. Shop owner Sanjay Das nabbed Ashraf Shaikh on the spot but rest of them managed to flee.
THE TRIAL
A few days later, Thakur was also caught. By the time Arshad was caught -- in March 2007 --the trial against the other two accused was almost coming to a close. While Ashraf was convicted, Thakur was acquitted in April 2007.
Arshad, during his trial, provided information to the police about the jewellery they had stolen. This jewellery was recovered from another jeweller’s shop by the police, who then used it as the main evidence against Arshad. He was also identified by the shop owner during the identification parade. The lower court accepted the evidence and sentenced him to four years in prison.
When, however, he appealed in High Court, the entire evidence was rejected. Based on defence’s arguments, the court observed that the jewellery supposedly recovered after Thakur and Ashraf provided the information was the same as that recovered at Arshad’s behest.
LOOPHOLES IN PROBE
The prosecution argued that they looted a shop that could have similar looking jewellery and so such a possibility could not be ruled out. But the HC observed that Arshad was arrested seven months after the incident and the recovery was made nine months after the case. The identification by the shop owner was also disbelieved as he had told the lower court that he had identified all the three accused during the parade on one day. But the accused were arrested months apart.
In a judgement pronounced last week, Justice Abhay Thipsay of Bombay High Court overturned the conviction order handed over to one Arshad Shaikh. The court disbelieved almost all evidence against Shaikh and cited botched investigation as the reason behind the acquittal.
THE INCIDENT
The incident took place around 10 am on August 6, 2006. Three people – Ashraf Shaikh, Premsingh Thakur and Arshad Shaikh – reportedly entered NP Jewellers at Marol Naka a few minutes after it had just opened. They were allegedly carrying a revolver and a knife. They pulled the shutter down and robbed the shop.
A staffer, who had gone out for some work, returned during this time and started banging on the closed shutter. The accused panicked and started running, but a crowd had gathered. Shop owner Sanjay Das nabbed Ashraf Shaikh on the spot but rest of them managed to flee.
THE TRIAL
A few days later, Thakur was also caught. By the time Arshad was caught -- in March 2007 --the trial against the other two accused was almost coming to a close. While Ashraf was convicted, Thakur was acquitted in April 2007.
Arshad, during his trial, provided information to the police about the jewellery they had stolen. This jewellery was recovered from another jeweller’s shop by the police, who then used it as the main evidence against Arshad. He was also identified by the shop owner during the identification parade. The lower court accepted the evidence and sentenced him to four years in prison.
When, however, he appealed in High Court, the entire evidence was rejected. Based on defence’s arguments, the court observed that the jewellery supposedly recovered after Thakur and Ashraf provided the information was the same as that recovered at Arshad’s behest.
LOOPHOLES IN PROBE
The prosecution argued that they looted a shop that could have similar looking jewellery and so such a possibility could not be ruled out. But the HC observed that Arshad was arrested seven months after the incident and the recovery was made nine months after the case. The identification by the shop owner was also disbelieved as he had told the lower court that he had identified all the three accused during the parade on one day. But the accused were arrested months apart.
