HC upholds acquittal of 4 accused for bank heist

MUMBAI: Bombay HC upheld the acquittal of four accused in the 2013 Axis Bank robbery, citing investigation flaws and lack of evidence.

MUMBAI: The Nagpur bench of the Bombay high court on Friday upheld the acquittal of four accused involved in the 2013 Axis Bank robbery case, involving an amount of ₹2,36,50,000. The bench criticised the investigation officer for significant lapses and inadequate witnesses.

People walk past a branch of Axis Bank Ltd. on Mahatma Gandhi Road in Gangtok, India, on Tuesday, May 3, 2016. Year-on-year growth in Asia's third-largest economy accelerated in the first three months of 2016 to 7.9 percent. Photographer: Prashanth Vishwanathan/Bloomberg (Bloomberg)

Axis Bank had appointed Security Trans India Private Limited for the transportation of cash from its currency chest to its different branches. On March 7, 2013, a cash van transporting an amount of ₹ 2,36,50,000 was accosted by men posing as police officers near Karanja, Wardha. The robbers seized the cash at gunpoint and fled after locking the occupants in the vault of the van.

During the course of investigation, Wasim Sheikh, identified as the cash officer of the van, was arrested on allegations of his involvement in the conspiracy, followed by more arrests on the basis of his interrogation.

Twenty-two of the accused faced trial earlier and were acquitted on August 17, 2017.

The defence counsel argued about the various irregularities in the investigation, concluding that the accused had been falsely implicated. They pointed out the failure of the investigating officer in seizing the van’s GPS system. Amicus curiae Adwait Manohar submitted that the prosecution has failed to examine independent witnesses, which is vital to the case. He stated that the overall perusal of the evidence shows that the police, in order to stop the public outcry, concocted the case and prosecuted the appellants.

The court, presided over by justice G.A. Sanap, noted the “complete vacuum” highlighting the major inconsistencies in the evidence shown. “On analysis of the material on record, I am satisfied that the police have suppressed the genesis of the incident. It is the most doubtful circumstance,” the court said.

The court raised its doubt on the money loaded into the van as the remittance register of the bank contained discrepancies, with difference in the total cash allegedly loaded and the number registered. The court also criticised the failure of seizing the van’s GPS, which could have been a crucial part of the investigation.

Consequently, the court acquitted the four accused due to lack of evidence, absence of independent witnesses, and defective investigation.