Charges of murder, disappearance of evidence can't be framed together, counsel for Aftab argues
Mar 31, 2023
New Delhi [India], March 31 : Shraddha murder case accused Aftab's counsel on Friday argued that the charges of murder and disappearance of evidence can't be framed together. These charges can be framed alternatively. Delhi police opposed the contention and sought time to place Judgments.
Additional Sessions Judge Manish Khurana Kakkar of Saket Court after hearing the submissions granted time to Delhi police and listed the matter on April 3 for further hearing on the charge. Aftab Amin Poonawala was physically produced before the court.
Advocate Akshay Bhandari, counsel for accused Aftab Amin Poonawala on Friday started his arguments on charge.
He argued that either I (Aftab) can be charged with murder or for disappearing the evidence. The accused can not be charged for murder and disappearance of evidence under sections 302 and 201 of IPC together, the counsel argued. It can be framed alternatively.
He argued that the accused can be charged with the offence of murder under 302 IPC or he can be framed for the offence of shielding the main offender under section 201 IPC.
Advocate Bhandari argued that merely saying that I (Aftab) am guilty of murder is not sufficient. They have statements of eyewitnesses only. The Prosecution has to show the manner in which the crime was committed.
SPP Amit Prasad rebutted that the joint charge can be framed under section 201 for disappearing the evidence.
He also submitted that the relied upon a chain of evidence, statement of witnesses, record of past events and circumstances, forensic evidence, manner of offence etc were submitted before the court.
Special public prosecutor (SPP) sought time to place on record the judgements on the point raised by the defence counsel.
Delhi police opposed the request for the supply of audio video to the father of Shraddha. SPP submitted that it may be leaked and a question of unfair trial may be raised.
The court said that it will consider the request after framing of charge.
The counsel for accused Poonawala submitted that other jail inmates have ill-treated the accused. He has a gums bleeding problem.
The court issued directions to the lock incharge and jail superintendent for ensuring the safety and security of the accused.
This matter is related to the alleged murder of Shraddha Walkar by his live-in partner Aftab Amin Poonawala on May 18, 2022.
Delhi police have concluded its arguements on a charge of murder and the disappearance of evidence against the accused.
