The Bombay High Court on Thursday upheld the acquittal of all 22 accused, including 21 police personnel, in the alleged fake encounter killings of Sohrabuddin Shaikh, his wife Kauser Bi and associate Tulsiram Prajapati.
The Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad dismissed the criminal appeals filed by Sohrabuddin’s brothers, Rubabuddin and Nayabuddin, affirming the 2018 judgment of the Special CBI Court, which exonerated all the accused in the case. The detailed judgment is awaited.
The appellants sought the setting aside of the trial court verdict and alternatively prayed for a retrial under Section 386(a) of the Code of Criminal Procedure, 1973, contending that the trial suffered from serious procedural and evidentiary infirmities. They argued that the prosecution case was not appreciated in accordance with settled criminal law principles and alleged that the trial proceedings were conducted in a manner that defeated the ends of justice.
A major ground urged before the High Court related to the failure of the prosecution to examine magistrates before whom several key witnesses had earlier recorded statements. According to the appellants, the omission materially weakened the evidentiary value of prior statements after multiple witnesses turned hostile during trial.
The appeals had remained pending before the High Court since 2019, and the verdict had been reserved in 2025. During the proceedings, the Central Bureau of Investigation (CBI) informed the Court that it had accepted the trial court verdict and had not independently decided to challenge the acquittal.
The case originated from allegations that Sohrabuddin Shaikh, Kauser Bi and Tulsiram Prajapati were abducted from a bus travelling from Hyderabad to Sangli in November 2005. According to the prosecution, Shaikh and Prajapati were subsequently killed in staged police encounters, while Kauser Bi was allegedly murdered and her body disposed of to destroy evidence.
The matter was initially registered in Gujarat but was transferred to Mumbai by the Apex Court in 2012 following concerns regarding the fairness of the trial. The proceedings were heard by multiple judges over the years, including Judge BH Loya, who died during the course of the trial in 2014. Subsequently, Special Judge MB Gosavi discharged current Union Minister Amit Shah from the case in December 2014.
Thereafter, the trial continued against the remaining accused persons. On December 21, 2018, Special CBI Judge SJ Sharma acquitted all 22 accused, including serving and retired police officials from Gujarat, Rajasthan and Andhra Pradesh, holding that the prosecution failed to establish the charges of criminal conspiracy, abduction and murder beyond reasonable doubt.
The prosecution had examined 210 witnesses during the trial, but its case weakened substantially after 92 witnesses turned hostile. In the 358-page judgment, the Special Court observed that the criminal conviction could not be based on moral considerations, suspicion or public perception in the absence of legally admissible and conclusive evidence.
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