Evidence Lapse: Lost Witness Statements Lead to Acquittal in Malegaon Blast Trial

In a major setback for the prosecution, a special NIA court acquitted all seven accused including Sadhvi Pragya Singh Thakur and Lt Col Prasad Purohit in the 2008 Malegaon blast case. The verdict depends on critical evidentiary lapses, remarkably the disappearance of original witness statements and court filings.

During the proceedings, the court observed that original statements recorded under Section 164 of the Criminal Procedure Code were futile from the case file. Despite attempts to introduce photocopies, the court found no proof these duplicates were accurate or acceptable. The prosecution’s inability to locate 13 crucial statements was particularly important. 

Special Judge A.K. Lahoti criticised the prosecution, noting the absence of magistrate testimony or procedural measures to establish the reliability of the copies. Without cross-examination using original records, the documents could not validate the charges.

Initially investigated by the Maharashtra ATS in 2008, the case was later taken over by the NIA in 2011. While many witness statements were re-recorded, the original documents held substantial value in affirming key testimony. Their loss significantly weakened the prosecution’s case in court.

Legal experts argue that the missing documents not only deprived the evidentiary chain but also initiated questions about record preservation and judicial oversight. Observers suggest that failure to secure original court evidence determines faith in prosecutorial integrity and points to systemic shortcomings in handling terrorism-related trials.

This acquittal shows the importance of strict standards for preserving primary evidence and ensuring legal protocols are stuck to. The judgment may set a precedent for future cases where missing documents or untrustworthy sourced duplicates could lead to dismissal of charges, especially in high-stakes terrorism trials.

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