Shraddha murder case: Delhi Court reserves order on charge against Aftab Poonawala
15 April, 2023 | Vaishali Sharma
Aftab was found guilty of murder, but that alone was insufficient, according to advocate Bhandari.
On Saturday, the Saket Court in Delhi postponed making a decision regarding the charges brought against Aftab Amin Poonawala, a suspect in the murder of Shraddha Walkar. On April 29, the court will issue its ruling about the charge.
The court has also asked the Delhi Police to respond to an application Vikas Walkar, Shraddha’s father, filed to get the deceased’s bones released. In order for him to carry out Shraddha’s final rites within a year of her passing, he has stated that the bones should be displayed as soon as possible. After hearing the arguments made by the defence attorney and the Delhi police, Additional Sessions Judge (ASJ) Manisha Khurana Kakkar reserved judgement on the case.
The accused cannot be charged with both the primary act of murder and the lesser felony of evidence destruction, according to attorney Abhishek Bhandari. When structuring the charge, this information should be taken into account. He further contended that the accused cannot be sentenced for both the primary offence and the offence of evidence destruction based on the ruling of the higher court.
The defence maintained that charging the accused with both counts at once would violate his constitutional rights.
On behalf of Vikas Walkar, Shraddha’s father, attorney Seema Kushwaha made an application for the release of the deceased’s bones. Additionally, he has asked for the bones to be displayed early so that he can administer the final rites within a year of the deceased person’s passing. On the following date, Delhi police will provide a response.
The owner of the property where the crime was committed also went to court to ask for the de-sealing of the offending location. The attorney has been ordered by the court to submit a formal application. On the final day of the hearing, April 3, the Special Public Prosecutor (SPP) Amit Prasad and Madhukar Pandey filed a copy of the judgement, which the court entered into the record.
According to SPP Amit Prasad, there is conclusive evidence that the charge under section 201 of the IPC can be brought against both the main offender and the person who destroys evidence to conceal the main perpetrator.
On a previous occasion, the defence attorney for the accused Aftab had argued that the allegations of murder and destruction of evidence cannot be brought together. There are other ways to frame these accusations. The Delhi Police disputed the claim and requested more time to issue judgements.
Advocate Akshay Bhandari argued, “Either Aftab can be charged for murder or for disappearing the evidence. The accused can not be charged for murder and disappearance of evidence under sections 302 and 201 of IPC together.”
It can be framed differently, the attorney contended. He claimed that the accused may face a murder prosecution under section 302 IPC or could be falsely accused of concealing the primary perpetrator under section 201 IPC.
Aftab was found guilty of murder, but that alone was insufficient, according to advocate Bhandari. Only eyewitness testimony are available to them. The prosecution is required to provide evidence regarding how the offence was committed. SPP Amit Prasad refuted the idea that section 201 might be used to frame joint charges for concealing evidence.
In addition, he claimed that the court had received the relied-upon witnesses’ statements, historical events and circumstances, forensic evidence, the method of the offence, etc. This situation is associated with the alleged murder of Shraddha Walkar on May 18, 2022, by his live-in boyfriend Aftab Amin Poonawala. The Delhi Police has wrapped up its investigations into a murder accusation and the loss of evidence against the defendant.