The Bombay high court (HC) on Friday sought the Central Bureau of Investigation’s (CBI) response to a plea filed by Sanjeev Khanna, an accused in the Sheena Bora murder case, seeking a copy of the confession of driver Shyamwar Rai.
Rai turned approver in the case and has been granted pardon by the court. Justice Sadhana Jadhav said an accused has an “inherent right to have a copy of the statements of co-accused or witnesses in a case, as it will be used as evidence during the trial”.
She said if a statement, as defined under section 164 of the Criminal Procedure Code, has been submitted before the trial court, it ceases to be a prosecution document and becomes a public document. CBI’s counsel, Purnima Kantharia, had earlier told the court the agency was not against handing over the document to Khanna. “We will give them the statement, but at a later stage,” she said.
The HC is likely to take up the matter for further hearing on June 30.