Porsche hit-and-run: Defence challenges blood sample tampering charges, cite lack of evidence

The defence maintained that the prosecution’s claim is speculative and unsupported by concrete proof

The defence counsel representing the accused in the May 19 Porsche hit-and-run case, that led to the death of two IT professionals, strongly contested the draft charges filed against their clients, asserting that there is no credible evidence linking them to the alleged tampering of blood samples of the minor accused.

The prosecution has stated that the minor’s blood was replaced with his mother’s to conceal his intoxicated state at the time of the accident. (HT)

Appearing before district judge and additional sessions judge K P Kshirsagar, advocate Shivam Nimbalkar argued that the prosecution has failed to present any material in the charge sheet that indicates his client had knowledge of or played any active role in the alleged manipulation of the minor’s blood samples.

“There is no evidence to show that he was involved in labeling, replacing, or facilitating the exchange of blood samples,” Nimbalkar stated, emphasising that mere association or presence does not establish culpability under law.

Similarly, the legal counsel for the mother of the minor refuted the allegations leveled against her, stating that there is neither factual basis nor documentary evidence to support claims that she was aware of any blood sample exchange or that she participated in any meeting where such a conspiracy was discussed.

The defence maintained that the prosecution’s claim is speculative and unsupported by concrete proof. “There is no evidence or any direct indication that my client was involved or had any knowledge of the act,” the lawyer submitted before the court.

The arguments come amidst broader allegations from the prosecution that tampering attempts were made at both Sassoon General Hospital and Aundh Government Hospital, where the minor’s blood samples were collected after the crash. The prosecution has stated that the minor’s blood was replaced with his mother’s to conceal his intoxicated state at the time of the accident.

The draft charges against the accused include serious sections under the Indian Penal Code (IPC) such as 304 (culpable homicide not amounting to murder), 279 (rash driving), 338 (causing grievous hurt), 213 and 214 (bribery to screen offenders), 466 (forging public documents), 468 and 471 (forgery and use of forged documents), along with sections 109 (abetment), 34 (common intention), and 120B (criminal conspiracy). Charges under the Motor Vehicles Act and the Prevention of Corruption Act have also been included.

The court has reserved further hearing on the matter for July 19.