HC issues notices to accused, CBI after Dabholkar’s daughter challenges order of acquittal

Bombay High Court issues notices in Mukta Dabholkar's petition challenging acquittal of father's murder accused, seeks CBI response.

 The Bombay High Court on Wednesday issued notices to all the accused and the Central Bureau of Investigation (CBI) while hearing a petition filed by Mukta Dabholkar challenging a sessions court judgment acquitting three persons accused of killing her father and rationalist Narendra Dabholkar.

On May 10 this year, a sessions court in Pune had convicted two accused, Sachin Andure and Sharad Kalaskar, sentencing them to life imprisonment in the murder case. However, three others, Virendrasinh Tawde, Sanjeev Punalekar, and Vikram Bhave, were acquitted of charges, including criminal conspiracy under the Indian Penal Code, and terrorist acts under the Unlawful Activities (Prevention) Act, and the Arms Act. The judgment came after a trial that lasted nearly three years.

Ms. Mukta’s plea contended that the sessions court order failed to consider evidence that “establishes beyond reasonable doubt” a larger conspiracy involving all the accused. She argued against the order of acquittal citing sufficient material produced by the probe agencies.

“It is a settled law that extrajudicial confessions, if voluntary and truthful, can be sufficient evidence to base conviction of the accused, even if it is not corroborated by additional independent evidence,” the plea stated.

The petition also said the sessions court failed to appreciate that in such cases, “where several people are involved in criminal acts for a common object, availability of direct evidence is rare”.

Advocate Abhay Nevagi, for Ms. Mukta, contended that “the killing was a well-planned murder involving a larger conspiracy”.

Dabholkar, 69, was shot dead on August 20, 2013 while on a morning walk in Pune. His murder sparked widespread outrage and led to a prolonged investigation and trial.