Shimla rape and murder: Ashish refuses to give consent for narco test

CBI may seek access to affidavits filed by the SIT in a sealed cover to the high court on August 24.

Days after the Central Bureau of Investigation (CBI) sought Ashish Chauhan’s consent for undergoing narco test, Chauhan on Thursday refused for the same. Chauhan is an accused in the Gudiya gangrape and murder case.

Although the CBI has the option to move high court with the narco test plea, it could also utilise the accused refusal in its favour (Representative)

The CBI, after taking over all the documents submitted by the state-constituted special investigation team (SIT) into the case, felt the need to conduct Chauhan’s narco test for investigation. The CBI also filed an application in the sessions court in Shimla, seeking consent of the accused for the narco test.

Sourced said the accused has denied giving consent for the test. Although the CBI has the option to move high court with the narco test plea, it could also utilise the accused refusal in its favour. “If any accused refuses the narco test, it may be read against him in the court of law. It is not evidence but can be used to support other evidences or facts against the accused,” sources said.

On August 17, the HC arrayed SIT members as party in the case and sought their personal presence the next day. On August 18, newly-arrayed party and DGP were asked to file separate affidavits in a sealed cover regarding their knowledge about the investigation done in the case till then. The DGP and SIT members filed affidavits on August 24.

“CBI would like to know what SIT has stated before the court about the investigation. If the CBI gets the access, any deviation from statement given to it by SIT members will be noticed,” sources said.

Meanwhile, CBI counsel Anshul Bansal said there have been many developments into the case. “We will appraise the court about fresh status of the case on September 6,” he said.