MUMBAI: A special NIA court has pardoned a surrendered Maoist, allowing him to turn approver in the trial of the November 2023 murder of Gadchiroli youth Dinesh Pusu Gawade. The youth was abducted and killed allegedly by the banned CPI (Maoist) on suspicion of being a police informer.

The court on Thursday held that the prosecution, despite examining 20 witnesses, had no eyewitness to the incident and relied mainly on circumstantial evidence, making the proposed approver’s testimony crucial to the case. It also found that his alleged role in the crime was “passive and peripheral” compared to that of four other accused facing trial.
Special Judge Chakor S Baviskar allowed the NIA’s application seeking pardon for the accused Maoist, identified only as KW-6, under Section 307 of the Code of Criminal Procedure. According to the order, the prosecution’s request was opposed by the four accused on trial, who contended that the proposed approver was “not trustworthy”, and that his consent had been obtained “forcefully or by inducement”.
To satisfy itself that he had voluntarily agreed to testify, the judge directed the NIA to produce KW-6 before the court. The judge personally questioned him, recording that he wished to become an approver “without any fear and favour”. The court further recorded that he had neither been threatened nor offered any inducement.
The order states that KW-6 was allegedly present at the time and place of the murder but had absconded after the offence. He later surrendered under the central government’s surrender scheme for Naxalites. The NIA submitted that surrendered Naxalites under the scheme are not further prosecuted and sought pardon for him so that he could testify as an approver.
{{/usCountry}}The order states that KW-6 was allegedly present at the time and place of the murder but had absconded after the offence. He later surrendered under the central government’s surrender scheme for Naxalites. The NIA submitted that surrendered Naxalites under the scheme are not further prosecuted and sought pardon for him so that he could testify as an approver.
{{/usCountry}}Gawade had been intercepted while riding his bicycle in Gadchiroli and shot dead by alleged CPI (Maoist) cadres, who suspected him of being a police informer. Police said the banned outfit claimed responsibility for the murder in a note found on his body.
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