The prosecution miserably failed to prove the offence beyond reasonable doubt against Pradeep Sharma (former encounter specialist), observed the 1,668-page judgment in the 2006 Lakhan Bhaiyya fake encounter case.
The detailed copy of the order was made available to Lakhan Bhaiyya’s brother Ramprasad Gupta on Saturday.
The judgment by sessions judge VD Jadhavar pointed out that the evidence produced by the prosecution against Sharma was weak to establish his involvement in the offence.
“There is no direct or circumstantial evidence to show any involvement of Sharma in the case,” the judge observed.
The judge discarded the evidence related to the ballistic report against Sharma and observed: “The prosecution has much relied on the retrieved bullet from the body of the deceased (Lakhan Bhaiyya) and alleged that it belonged to the weapon of Shama. Just on the basis of these circumstances, Sharma cannot be connected to the alleged offence, especially when there is absolutely no other evidence.”
“The allegation of prosecution is based on CDRs (call data records), SDRs (station diary records) and recovery of weapon and the retrieved bullet. It has been made clear that the mobile number attributed to Sharma does not stand in his name and on the basis of this aspect, implication of Sharma would mean an implication on the basis of surmises, conjectures and wrong inferences,” the judge said.
The prosecution had alleged that Lakhan Bhaiya was killed in a fake encounter on November 11, 2006 at Nana Nani Park in Versova.
It alleged that Sharma was the head of the squad and chief of the operation of the encounter.
The prosecution, on the basis of CDRs, had alleged that Sharma was present at the spot when Lakhan Bhaiyya was killed and, on the basis of ballistic report, charged that Sharma had fired on him as one of the bullets recovered from his body allegedly came from Sharma’s gun.
The court did not find merit in statements of some witnesses that Sharma was head of the squad that killed Lakhan Bhaiyya.